Supreme Court

Case: 24-0213    
24-0213
03/20/2024
Petition for Review/Cause under Rule 53.1
JOHN P. BOERSCHIG 
RIO GRANDE ELECTRIC COOPERATIVE, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/21/2026Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Rio Grande Electric Cooperative, Inc.
12/10/2025Post submission brief filedPetitioner Post Submission Brief filed on behalf of John P. Boerschig.
11/19/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received on behalf of the Texas Pipeline Association, submitted by Jennifer O'Neill of the Texas Pipeline Association of Austin, Texas.
11/17/2025Post submission brief filedRespondent Post Submission Brief filed on behalf of Rio Grande Electric Cooperative, Inc.
11/07/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Texas Civil Justice League, submitted by George Christian of the Texas Civil Justice League of Austin, Texas.
11/05/2025Exhibits in case/cause filedPetitioner Oral Argument Exhibits submitted on behalf of John P. Boerschig.
11/05/2025Exhibits in case/cause filedRespondent Oral Argument Exhibits submitted on behalf of Rio Grande Electric Cooperative, Inc.
10/24/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Oncor Electric Delivery Company, LLC, et al. submitted on behalf of Michael A. Heidler, Jaren Taylor, Ethan Nutter, of Vinson & Elkins LLP of Austin, Texas
08/13/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received on behalf of Texas Electic Cooperatives, Inc. submitted by Zachary Stephenson of Texas Electric Cooperatives, Inc., Austin, Texas.
07/23/2025Reply BriefPetitioner Reply Brief on the Merits filed on behalf of John P. Boerschig.
07/21/2025Amicus Curiae Brief receivedRelator Amicus Brief received from Texas Farm Bureau. Submitted by James D. Bradbury and Courtney Cox Smith of James D. Bradbury, PLLC of Austin, Texas.
05/07/2025Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Rio Grande Electric Cooperative, Inc.
02/14/2025Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of John P. Boerschig.
11/15/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texas Land & Mineral Owners Association, submitted by Nicholas P. Laurent and Blaire A. Knox of Barron, Adler, Clough & Oddo, PLLC.
10/29/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Dr. Andrew Sansom.
10/23/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of John P. Boerschig.
09/06/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Rio Grande Electric Cooperative, Inc.
04/29/2024Petition for ReviewPetitioner Petition for Review filed on behalf of John P. Boerschig.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/10/2025Post submission brief filed  Post Submission Brief filed on behalf of John P. Boerschig.
12/06/2024Motion 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 is due January 15, 2025. Further requests for extensions of time for this filing will be disfavored. Response Brief is due February 4, 2025. Reply Brief is due February 19, 2025.
12/06/2024Motion 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 John P. Boerschig.
11/19/2025Amicus Curiae Letter Received  Amicus Curiae Letter Brief received on behalf of the Texas Pipeline Association, submitted by Jennifer O'Neill of the Texas Pipeline Association of Austin, Texas.
11/17/2025Post submission brief filed  Post Submission Brief filed on behalf of Rio Grande Electric Cooperative, Inc.
11/15/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than December 16, 2024; Response brief due January 6, 2025; Reply brief due January 21, 2025.
11/15/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texas Land & Mineral Owners Association, submitted by Nicholas P. Laurent and Blaire A. Knox of Barron, Adler, Clough & Oddo, PLLC.
11/07/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Texas Civil Justice League, submitted by George Christian of the Texas Civil Justice League of Austin, Texas.
11/06/2025Oral argument   Argued on behalf of Petitioner by Craig T. Enoch; Argued on behalf of Respondent  by Jessica Z. Barger; Argued on behalf of Amici Curiae, Oncor Electric Delivery Company LLC, et al., by Ethan Nutter
11/05/2025Exhibits in case/cause filed  Oral Argument Exhibits submitted on behalf of John P. Boerschig.
11/05/2025Exhibits in case/cause filed  Oral Argument Exhibits submitted on behalf of Rio Grande Electric Cooperative, Inc.
11/03/2025Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Ethan Nutter with Vinson & Elkins LLP of Austin, Texas, received on behalf of Oncor Electric Delivery Company LLC, et al.
11/03/2025Motion to Argue disposedFiling granted Amici Curiae Unopposed Motion to Participate in Oral Argument granted.  Time allotted to argue: 20/17/3 minutes
10/31/2025Motion to Argue filed  Unopposed Motion to Participate in Oral Argument filed on behalf of Oncor Electric Delivery Company, LLC, et al.
10/29/2024Amicus Curiae Letter Received  Amicus Letter received on behalf of Dr. Andrew Sansom.
10/24/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Rio Grande Electric Cooperative, Inc. Oral Argument will be presented by Jessica Z. Barger of Wright Close Barger & Guzman, LLP of Houston, Texas.
10/24/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Oncor Electric Delivery Company, LLC, et al. submitted on behalf of Michael A. Heidler, Jaren Taylor, Ethan Nutter, of Vinson & Elkins LLP of Austin, Texas
10/24/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of John P. Boerschig.Oral Argument will be presented by Craig T. Enoch of Butler Snow LLP. of Austin, Texas.
10/23/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of John P. Boerschig.
10/03/2025Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., November 6, 2025. Time allotted to argue: 20/20 minutes
09/26/2025Electronic communication received from Party  Parties agreed to switch oral argument date from Wednesday, November 5, 2025 to Thursday, November 6, 2025.
09/26/2025Electronic communication sent to Party  Email sent to parties asking if they are willing to switch oral argument date from Wednesday, November 5, 2025 to Thursday, November 6, 2025.
09/13/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review is granted. Reply is due October 23, 2024. Further requests for extensions of time for this filing will be disfavored.
09/13/2024Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of John P. Boerschig.
09/12/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., November 5, 2025.  Time allotted to argue: 20/20 minutes
09/06/2024Response to Petition  Response to Petition for Review filed on behalf of Rio Grande Electric Cooperative, Inc.
09/05/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
09/05/2025Petition for Review granted 
08/27/2026Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing is granted. Response is due October 8, 2026. Further requests for extensions of time for this filing will be disfavored.
08/26/2026Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to File Response to Motion for Rehearing filed on behalf of John P. Boerschig.
08/24/2026Supreme Court of Texas Ordered Response  Court ordered response to motion for rehearing due no later than September 8, 2026.
08/21/2026Case forwarded to Court 
08/21/2026Motion for Rehearing  Motion for Rehearing filed on behalf of Rio Grande Electric Cooperative, Inc.
08/13/2025Amicus Curiae Letter Received  Amicus Curiae Letter Brief received on behalf of Texas Electic Cooperatives, Inc. submitted by Zachary Stephenson of Texas Electric Cooperatives, Inc., Austin, Texas.
08/07/2026Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Third Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due August 7, 2026. Absent extraordinary circumstances, further requests for extensions of time for this filing will not be considered.
08/06/2026Motion for Extension of Time to File Motion for Rehearing  Third Unopposed Motion for Extension of Time to file Motion for Rehearing filed Rio Grande Electric Cooperative, Inc.
08/06/2024Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review is granted. Response is due September 6, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
08/05/2024Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Rio Grande Electric Cooperative, Inc.
07/23/2025Reply Brief  Reply Brief on the Merits filed on behalf of John P. Boerschig.
07/21/2025Amicus Curiae Brief received  Amicus Brief received from Texas Farm Bureau. Submitted by James D. Bradbury and Courtney Cox Smith of James D. Bradbury, PLLC of Austin, Texas.
07/08/2026Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due August 7, 2026. Absent extraordinary circumstances, further requests for extensions of time for this filing will not be considered.
07/07/2026Motion for Extension of Time to File Motion for Rehearing  Second Unopposed Motion for Extension of Time to file Motion for Rehearing filed Rio Grande Electric Cooperative, Inc.
07/03/2024Motion 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 August 7, 2024. Further requests for extensions of time for this filing will be disfavored.
07/03/2024Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Rio Grande Electric Cooperative, Inc.
06/16/2025Motion 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 July 23, 2025. Further requests for extensions of time for this filing will not be considered.
06/16/2025Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of John P. Boerschig.
06/08/2026Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due July 8, 2026. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/08/2026Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Rio Grande Electric Cooperative, Inc.
06/07/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 8, 2024.
06/04/2026Miscellaneous motion disposed. See Remarks.  Motion to Correct Judgment filed on behalf of John P. Boerschig.
05/22/2026Court approved judgment sent to attorneys of recordIssued
05/22/2026Dissenting opinion issued.Issued Justice Bland filed a dissenting opinion, in which Chief Justice Blacklock, Justice Lehrmann, and Justice Huddle joined.
05/22/2026Concurring Opinion issued.Issued Justice Hawkins filed a concurring opinion.
05/22/2026Opinion issuedCourt of Appeals' judgment reversed in part, rendered in part, and remanded to trial court The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court. Justice Busby delivered the opinion of the Court, in which Justice Devine, Justice Young, Justice Sullivan, and Justice Hawkins joined.

(5/22/2026 4:02:15 PM) 240213d.pdf, 240213c.pdf, 240213.pdf, 24-0213.jmt.pdf
05/12/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief is due June 23, 2025. Further requests for extensions of time for this filing will be disfavored.
05/12/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of John P. Boerschig.
05/07/2025Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Rio Grande Electric Cooperative, Inc.
05/07/2024Case forwarded to Court 
05/06/2026Counsel withdrawn pursuant to TRAP 6.4(c)  Notice of Withdrawal filed on behalf of John P. Boerschig.
04/30/2024Response Waiver filed  Response Waiver filed on behalf of Rio Grande Electric Cooperative, Inc.
04/29/2024Petition for Review  Petition for Review filed on behalf of John P. Boerschig.
04/09/2024Notice of Appearance  Notice of Appearance filed on behalf of Rio Grande Electric Cooperative, Inc.
04/03/2025Motion 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 May 7, 2025. Petitioner's Reply Brief on the Merits is due May 22, 2025. Further requests for extensions of time for this filing will not be considered.
04/02/2025Motion 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 Rio Grande Electric Cooperative, Inc.
03/20/2024Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review is due April 29, 2024.
03/20/2024Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of John P. Boerschig.
03/20/2024Clerk's Record 
03/20/2024Court reporter/recorder's record 
03/20/2024Supplement to Clerk's/Reporter's Record 
03/04/2025Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due no later than April 7, 2025; and Reply brief is due April 22, 2025.
03/03/2025Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Rio Grande Electric Cooperative, Inc.
02/18/2026Designation of Lead Counsel   Designation of Lead Counsel filed on behalf of John P. Boerschig.
02/18/2026Call received  Call received from counsel.
02/14/2025Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of John P. Boerschig.
02/05/2025Notice from Counsel of a change in address  Notice of Change of Firm and Address filed on behalf of John P. Boerschig.
01/07/2025Motion 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 February 14, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due March 6, 2025. Reply Brief is due March 21, 2025.
01/07/2025Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of John P. Boerschig.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/04/2026Motion being reviewed by CourtMiscellaneous MotionMo to Correct Judgment
08/21/2026Work-Up by Staff / Review by JusticesMotion for Rehearing 
10/08/2026ResponseCourt ordered response dueFurther requests for extensions of time for this filing will be disfavored.
Parties
Party▲▼Party Type▲▼Representative▲▼
Sansom, AndrewAmicus CuriaeMr. Zev Kusin  
Mr. Luke J. Ellis
Boerschig, John P.PetitionerMr. Craig T. Enoch
Ms. Melissa A. Lorber
Filemon David Ortiz
Mr. Daniel R. Richards
Mr. Clark Richards
Oncor Electric Delivery Company, LLC, et al.Amicus CuriaeMr. Michael A. Heidler
Mr. Ethan Nutter
Jaren Taylor
Texas Farm BureauAmicus CuriaeMr. James D. Bradbury
Ms. Courtney Cox Smith
Texas Land & Mineral Owners AssociationAmicus CuriaeMs. Blaire A. Knox  
Mr. Nicholas P. Laurent
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Texas Pipeline AssociationAmicus CuriaeMs. Jennifer O'Neill
Texas Electric Cooperatives, Inc.Amicus CuriaeMr. Zachary Stephenson
Rio Grande Electric Cooperative, Inc.RespondentMs. Rachel Willroth
Ms. Julia G. Simonet
Mr. David Barron
Ms. Jessica Z. Barger
Mr. Landon Francois
Ms. Tammy Renee Wavle
Ms. Eva M. Guzman
Court of Appeals Information:
Affirmed  
719 SW3d 327, 01-17-24 
4th Court of Appeals 
Honorable Rebeca C. Martinez 
Trial Court Information
63rd District Court 
Kinney 
Honorable Roland Andrade 
4205