Supreme Court

Case: 24-0052    
24-0052
01/22/2024
Petition for Review/Cause under Rule 53.1
KELLY HANCOCK, ACTING COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; THE OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS 
RJR VAPOR CO., LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/17/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Texas Academy of Family Physicians, et al., submitted by Andrew S. Golub of Dow Golub Remels & Gilbreath, PLLC, of Houston, Texas.
09/17/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of The National Association of Convenience Stores, submitted by Hyland Hunt of Deutsch Hunt PLLC of Washington, DC.
09/09/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of McLane Company, Inc.
04/14/2025Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Glenn Hegar, et al.
02/21/2025Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of RJR Vapor Co., LLC.
12/02/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Glenn Hegar, et al.
07/05/2024Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of Glenn Hegar, et al.
06/27/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of RJR Vapor Company, LLC.
03/14/2024Petition for ReviewPetitioner Petition for Review filed on behalf of Glenn Hegar, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2025Designation of Lead Counsel   Designation of Lead Counsel filed on behalf of Kelly Hancock, et al.
12/20/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due no later than February 21, 2025. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Reply Brief on the Merits is due no later than March 10, 2025.
12/20/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of RJR Vapor Company, LLC.
12/04/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due January 22, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due February 6, 2025.
12/04/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of RJR Vapor Co., LLC.
12/02/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Glenn Hegar, et al.
10/15/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due December 2, 2024. Respondent's Brief is due December 23, 2024. Reply Brief is due January 7, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
10/15/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Glenn Hegar, et al.
10/08/2025Oral argument   Argued on behalf of Petitioners by William F. Cole; Argued on behalf of Respondent by Christian G. Vergonis; Argued on behalf of Amicus Curiae, McLane Company, Inc., by Kyle D. Hawkins
09/30/2025Call received  Call from Respondents' Counsel.
09/24/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Glenn Hegar, et al. Oral Argument will be presented by William F. Cole of the Office of the Attorney General, Solicitor General Division of Austin, Texas.
09/22/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of McClane Company, Inc. Oral Argument will be presented by Kyle D. Hawkins of Lehotsky Keller Cohn, LLP, of Austin, Texas.
09/22/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of RJR Vapor Company, LLC. Oral Argument will be presented by Christian G. Vergonis of Jones Day, Washington, D.C.
09/19/2025Pro hac vice motion disposedFiling granted Motion in support of Motion for Admission Pro Hac Vice for Dennis A. Henigan is granted.
09/19/2025Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Dennis A. Henigan is granted.
09/19/2025Pro hac vice motion disposedFiling granted Motion in support of the Motion for Admission Pro Hac Vice for Andrew R. Tardiff is granted.
09/19/2025Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Andrew R. Tardiff is granted.
09/19/2025Pro hac vice motion filed  Motion of Resident Attorney in support of Motion for Admission Pro Hac Vice for Dennis A. Henigan, filed on behalf of Texas Academy of Family Physicians, et al.
09/19/2025Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Dennis A. Henigan, filed on behalf of Texas Academy of Family Physicians, et al.
09/19/2025Pro hac vice motion filed  Motion of Resident Attorney in support of Motion for Admission Pro Hac Vice for Andrew R. Tardiff, filed on behalf of Texas Academy of Family Physicians, et al.
09/19/2025Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Andrew R. Tardiff, filed on behalf of Texas Academy of Family Physicians, et al.
09/19/2025Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Amelia A. DeGory is granted.
09/19/2025Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Amelia A. Degory's Admission Pro Hac Vice is granted.
09/19/2025Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Amelia A. DeGory filed on behalf of RJR Vapor Co., LLC.
09/19/2025Pro hac vice motion filed  Motion of Resident Attorney Margaret I. Lyle in support of Amelia A. DeGory's Admission Pro Hac Vice filed on behalf of RJR Vapor Co., LLC.
09/17/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Texas Academy of Family Physicians, et al., submitted by Andrew S. Golub of Dow Golub Remels & Gilbreath, PLLC, of Houston, Texas.
09/17/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of The National Association of Convenience Stores, submitted by Hyland Hunt of Deutsch Hunt PLLC of Washington, DC.
09/17/2025Call received  Call from office of counsel for Amici regarding seating for oral argument.
09/15/2025Notice of Appearance  Notice of Appearance filed on behalf of Kelly Hancock, et al.
09/15/2025Call received  Call received from counsel for Respondent regarding oral argument.
09/12/2025Motion to Argue disposedFiling granted Unopposed Motion to of Amicus Curiae to Participate in Oral Argument granted.  Time allotted to argue: 20/15/5 minutes (Justice Lehrmann not participating)
09/10/2025Motion to Argue filed  Motion to Participate in Oral Argument filed on behalf of McLane Company, Inc.
09/09/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of McLane Company, Inc.
09/09/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due October 30, 2024. Further requests for extensions of time for this filing will be disfavored. Response Brief on the Merits is due November 19, 2024. Reply Brief is due December 4, 2024.
09/09/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Glenn Hegar, et al.
08/30/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than September 30, 2024; Response brief due October 21, 2024; Reply brief due November 5, 2024.
07/05/2024Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of Glenn Hegar, et al.
07/01/2025Notice received  Notice of Automatic Substitution of Public Officer filed on behalf of Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, et al.
06/27/2024Response to Petition  Response to Petition for Review filed on behalf of RJR Vapor Company, LLC.
06/26/2025Notice of Appearance  Notice of Withdrawal and Substitution of Lead Counsel filed on behalf of Glenn Hegar, et al.
06/18/2026Mandate issued  Mandate & Cost Bill Issued
06/18/2024Motion to substitute disposedFiling granted Unopposed Motion to Withdraw Josh Veith and Substitute Christian G. Vergonis as Counsel is granted.
06/18/2024Motion to Substitute filed  Unopposed Motion to Withdraw and Substitute Counsel filed on behalf of RJR Vapor Company, LLC.
05/31/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Ryan J. Watson is granted.
05/31/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Ryan J. Watson is granted
05/31/2024Pro hac vice motion filed  Motion of Resident Attorney Margaret I. Lyle  in support of Ryan J. Watson Admission Pro Hac Vice filed on behalf of RJR Vapor Company, LLC.
05/31/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Christian G. Vergonis' Admission Pro Hac Vice is granted.
05/31/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Christian G. Vergonis is granted.
05/31/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Ryan J. Watson filed on behalf of RJR Vapor Co., LLC.
05/31/2024Pro hac vice motion filed  Motion of Resident Attorney in Support of Christian G. Vergonis' Admission Pro Hac Vice filed on behalf of RJR Vapor Company, LLC.
05/31/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Christian G. Vergonis filed on behalf of RJR Vapor Company, LLC.
05/31/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Alex Potapov's Admission Pro Hac Vice is granted.
05/31/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Alex Potapov is granted.
05/31/2024Pro hac vice motion filed  Motion of Resident Attorney in Support of Alex Potapov's Admission Pro Hac Vice filed on behalf of RJR Vapor Company, LLC.
05/31/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Alex Potapov filed on behalf of RJR Vapor Company, LLC.
05/30/2025Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 8, 2025. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
05/30/2025Petition for Review disposedFiling granted
05/30/2025Petition for Review granted 
05/29/2024Notice of Appearance  Notice of Appearance filed on behalf of RJR Vapor Company, LLC.
05/13/2024Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due June 27, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/13/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of RJR Vapor Company, LLC.
05/08/2026Court approved judgment sent to attorneys of recordIssued
05/08/2026Concurring Opinion issued.Issued Justice Sullivan filed a concurring opinion, in which Justice Bland joined.
05/08/2026Opinion issuedCourt of Appeals' reversed in part; renders judgment in part; remanded to Court of Appeals The Court reverses the court of appeals' judgment in part, renders judgment in part, and remands the case to that court. Justice Busby delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Devine, Justice Bland, Justice Huddle, and Justice Young joined. (Justice Lehrmann and Justice Hawkins not participating)
(5/8/2026 9:11:51 AM) 240052c.pdf, 240052.pdf, 24-0052.jmt.pdf
04/26/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 28, 2024.
04/14/2025Reply Brief  Reply Brief on the Merits filed on behalf of Glenn Hegar, et al.
04/02/2025Notice received  Notice of Withdrawal of Counsel filed on behalf of RJR Vapor Company, LLC.
03/26/2024Case forwarded to Court 
03/21/2024Response Waiver filed  Response Waiver filed on behalf of RJR Vapor Company, LLC.
03/20/2025Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due April 14, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/20/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Glenn Hegar, et al.
03/14/2024Petition for Review  Petition for Review filed on behalf of Glenn Hegar, et al.
02/25/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due March 31, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/25/2025Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Glenn Hegar, et al.
02/22/2024Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for REview is granted. Petition for Review is due March 14, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/22/2024Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Glenn Hegar, et al.
02/21/2025Brief on the Merits  Respondent's Brief on the Merits filed on behalf of RJR Vapor Co., LLC.
01/22/2024Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due February 28, 2024.
01/22/2024Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Glenn Hegar, et al.
01/22/2024Supplement to Clerk's/Reporter's Record 
01/22/2024Court reporter/recorder's record 
01/22/2024Court reporter/recorder's record 
01/22/2024Clerk's Record 
01/22/2024Supplement to Clerk's/Reporter's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/18/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
McLane Company, Inc.Amicus CuriaeMr. Kyle D. Hawkins
Mr. Todd Disher
RJR Vapor Co., LLCRespondentAmelia A. DeGory
Christian G. Vergonis
Ms. Margaret I. Lyle
Mr. Doug Sigel
Ryan J. Watson
Texas Academy of Family Physicians, et al.Amicus CuriaeMr. Andrew R. Tardiff
Mr. Andrew Golub
Mr. Dennis A. Henigan
National Association of Convenience StoresAmicus CuriaeMs. Hyland Hunt
The Office of The Comptroller of Public Accounts of The State of TexasPetitionerMs. Lanora C. Pettit
Atty. Gen. W. Kenneth Paxton Jr.
Ms. Alison Dawn Andrews
Ms. Sara B. Baumgardner
Mr. William Cole
Mr. Aaron Nielson
Mr. Thales Smith
Mr. Steven Craig Robinson
Mr. Brent Webster
Don Huffines, Comptroller of Public Accounts of the State of TexasPetitionerMs. Alison Dawn Andrews
Mr. Steven Craig Robinson
Mr. Brent Webster
Ms. Lanora C. Pettit
Mr. Thales Smith
Atty. Gen. W. Kenneth Paxton Jr.
Mr. William Cole
Ms. Sara B. Baumgardner
Ken Paxton, Attorney General of the State of TexasPetitionerMr. Brent Webster
Ms. Lanora C. Pettit
Ms. Sara B. Baumgardner
Ms. Alison Dawn Andrews
Mr. William Cole
Mr. Steven Craig Robinson
Mr. Thales Smith
Atty. Gen. W. Kenneth Paxton Jr.
Court of Appeals Information:
Aff/Pt and Dismiss/Pt 
685 SW3d 171, 12-14-23 
3rd Court of Appeals 
Honorable Gisela Triana 
Trial Court Information
250th District Court 
Travis 
Honorable Amy Clark-Meachum 
D-1-GN-20-004023