Supreme Court

Case: 24-0525    
24-0525
07/01/2024
Second Petition for Review/Cause under Rule 53.1
S&B ENGINEERS & CONSTRUCTORS, LTD. AND ZURICH AMERICAN INSURANCE COMPANY 
SCALLON CONTROLS, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/08/2026Reply to Response to Motion for Rehearing filedRespondent Reply in Support of Motion for Rehearing filed on behalf of Scallon Controls, Inc.
04/27/2026Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of Zurich American Insurance Company.
04/23/2026Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of S&B Engineers & Constructors, Ltd.
04/13/2026Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Scallion Controls, Inc.
11/12/2025Amicus Curiae Letter ReceivedReceived (instead of filed) Letter of Amici Curiae filed on behalf of Associated General Contractors - Texas Building Branch, et al., submitted by Ben Westcott of Andrews Myers, P.C., of Houston, Texas.
10/24/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Blanchard Refining Company LLC and Marathon Petroleum Company LP, submitted by Joel Z. Montgomery, Jonathan B. Smith, Amy Douthitt Maddux, and Z. Alex Rodriguez of Shipley Snell Montgomery LLP of Houston, Texas.
04/22/2025Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Zurich American Insurance Company.
04/22/2025Reply BriefPetitioner Reply Brief on the Merits filed on behalf of S&B Engineers and Constructors, Ltd.
04/07/2025Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Scallon Controls, Inc.
03/03/2025Brief on the MeritsPetitioner Petitioner's Breif on the Merits filed on behalf of Zurich American Insurance Company.
03/03/2025Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf S&B Engineers and Constructors, Ltd., et al.
12/27/2024Reply to ResponseEvent related to subsequent petition filed in case. Petitioner Zurich American Insurance Company's Reply to Scallon Controls, Inc’s Response to its Petition for Review
12/19/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of S&B Engineers & Constructors, Ltd.
12/11/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Scallon Controls, Inc.
12/11/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Scallon Controls, Inc.
09/10/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Blanchard Refining Company LLC and Marathon Petroleum Company LP submitted by Amy Douthitt Maddux of Shipley Snell Montgomery LLP of Houston, Texas, et al.
08/07/2024Petition for Review #2Petitioner Petition for Review filed on behalf of Zurich American Insurance Company.
08/06/2024Petition for ReviewPetitioner Petition for Review filed on behalf of S&B Engineers & Constructors, Ltd., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2024Reply to Response  Petitioner Zurich American Insurance Company's Reply to Scallon Controls, Inc’s Response to its Petition for Review
12/19/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of S&B Engineers & Constructors, Ltd.
12/11/2024Response to Petition  Response to Petition for Review filed on behalf of Scallon Controls, Inc.
12/11/2024Response to Petition  Response to Petition for Review filed on behalf of Scallon Controls, Inc.
11/12/2025Amicus Curiae Letter Received  Letter of Amici Curiae filed on behalf of Associated General Contractors - Texas Building Branch, et al., submitted by Ben Westcott of Andrews Myers, P.C., of Houston, Texas.
11/08/2024Motion 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 December 12, 2024. Further requests for extensions of time for this filing will be disfavored.
11/08/2024Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Scallon Controls, Inc.
10/24/2025Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Blanchard Refining Company LLC and Marathon Petroleum Company LP, submitted by Joel Z. Montgomery, Jonathan B. Smith, Amy Douthitt Maddux, and Z. Alex Rodriguez of Shipley Snell Montgomery LLP of Houston, Texas.
10/11/2024Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than November 12, 2024.
10/09/2025Oral argument   Argued on behalf of Petitioner, S&B Engineers & Constructors, Ltd., by Jack McKinley; Argued on behalf of Petitioner, Zurich American Insurance Company, by Philip Werner; Argued on behalf of Respondent by Neal A. Hoffman and Tory F.
Taylor
10/09/2025Oral argument   Argued on behalf of Petitioner, S&B Engineers & Constructors, Ltd., by Jack McKinley; Argued on behalf of Petitioner, Zurich American Insurance Company, by Philip Werner; Argued on behalf of Respondent by Neal A. Hoffman and Tory F.
Taylor
09/27/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Scallon Controls, Inc. Oral Argument will be presented by Neal A. Hoffman and Tory Taylor of Taylor Twining of Houston, Texas.
09/22/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Zurich American Insurance Company. Oral Argument will be presented by Philip Werner of Werner Ayers & McDonald LLP, of Houston, Texas.
09/22/2025Oral Argument Submission Form from Attorney received  Amended Oral Argument Submission Form submitted on behalf of S&B Engineers and Constructors, Ltd. Oral Argument will be presented by Jack McKinley of Ramey Chandler Shein, P.C. of Houston, Texas.
09/19/2025Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of S&B Engineers and Constructors, Ltd. Oral Argument will be presented by Jack McKinley of Ramey Chandler Schein, P.C. of Houston, Texas and Philip Werner of Werner Ayers & McDonald LLP, of Houston, Texas.
09/10/2024Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Blanchard Refining Company LLC and Marathon Petroleum Company LP submitted by Amy Douthitt Maddux of Shipley Snell Montgomery LLP of Houston, Texas, et al.
09/10/2024Case forwarded to Court 
09/10/2024Case forwarded to Court 
09/03/2024Response Waiver filed  Response Waiver filed on behalf of Scallon Controls, Inc.
09/03/2024Phone call from Clerk's Office  Call made to counsel for Respondent regarding response waiver.
08/07/2024Petition for Review #2  Petition for Review filed on behalf of Zurich American Insurance Company.
08/06/2024Petition for Review  Petition for Review filed on behalf of S&B Engineers & Constructors, Ltd., et al.
07/02/2024Motion 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 August 7, 2024.
07/02/2024Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Zurich American Insurance Company.
07/01/2024Motion 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 no later than August 7, 2024.
07/01/2024Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of S&B Engineers & Constructors, Ltd.
07/01/2024Clerk's Record 
07/01/2024Clerk's Record 
07/01/2024Clerk's Record 
07/01/2024Clerk's Record 
07/01/2024Clerk's Record 
07/01/2024Clerk's Record 
07/01/2024Clerk's Record 
06/27/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 9, 2025. Time allotted to argue: 20/20 minutes
06/27/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 9, 2025. Time allotted to argue: 20/20 minutes
06/13/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/13/2025Petition for Review granted 
06/13/2025Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/13/2025Petition for Review granted 
06/05/2026Mandate issued  Mandate & Cost Bill Issued
06/05/2026Corrected judgment issued  The Court's judgment issued March 13, 2026 is corrected.
06/05/2026Miscellaneous motion disposed. See Remarks.Denied Motion to Modify Opinion denied
06/05/2026Motion for Rehearing - DisposedDenied
05/08/2026Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of Scallon Controls, Inc.
04/29/2026Miscellaneous motion disposed. See Remarks.Filing granted Motion for Leave to File a Reply in Support of it's Motion for Rehearing is granted.
04/27/2026Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Zurich American Insurance Company.
04/24/2026Miscellaneous Motion  Motion for Leave to File a Reply in Support of it's Motion for Rehearing filed on behalf of Scallon Controls, Inc.
04/23/2026Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of S&B Engineers & Constructors, Ltd.
04/22/2025Reply Brief  Reply Brief on the Merits filed on behalf of Zurich American Insurance Company.
04/22/2025Reply Brief  Reply Brief on the Merits filed on behalf of S&B Engineers and Constructors, Ltd.
04/17/2026Supreme Court of Texas Ordered Response  Court ordered response to motion for rehearing due no later than May 4, 2026.
04/14/2026Case forwarded to Court 
04/13/2026Motion for Rehearing  Motion for Rehearing filed on behalf of Scallion Controls, Inc.
04/07/2025Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Scallon Controls, Inc.
03/27/2026Response to Motion filed  Response to Motion to Modify Opinion filed on behalf of Scallon Controls, Inc.
03/27/2026Notice from Counsel of a change in address  Notice from Counsel of a change of address filed on behalf of counsel for S&B Engineers & Constructors, Ltd.
03/27/2026Miscellaneous Motion  Motion to Modify Opinion and separate Certificate of Conference filed on behalf of S&B Engineers & Constructors, Ltd.
03/27/2026Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time for this filing will be disfavored. Motion for Rehearing is due no later than April 13, 2026.
03/26/2026Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Scallon Controls, Inc.
03/13/2026Court approved judgment sent to attorneys of recordIssued
03/13/2026Dissenting opinion issued.Issued Justice Bland filed a dissenting opinion, in which Justice Lehrmann, Justice Devine, and Justice Huddle joined.
03/13/2026Opinion issuedIssued The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Young delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Busby, Justice Sullivan, and Justice Hawkins joined.
03/13/2026Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Young delivered the opinion of the Court, in which Chief Justice Blacklock, Justice Busby, Justice Sullivan, and Justice Hawkins joined.
(3/13/2026 2:38:33 PM) 240525d.pdf, 240525.pdf, 24-0525.jmt.pdf
03/10/2025Motion 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.
03/09/2025Motion 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 Scallon Controls, Inc.
03/03/2025Brief on the Merits  Petitioner's Breif on the Merits filed on behalf of Zurich American Insurance Company.
03/03/2025Brief on the Merits  Petitioner's Brief on the Merits filed on behalf S&B Engineers and Constructors, Ltd., et al.
01/31/2025Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief on the merits due no later than March 3, 2025; Response brief due March 24, 2025; Reply brief due April 8, 2025.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/05/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Zurich American Insurance CompanyPetitionerMr. Philip A. Werner
Associated General Contractors-Texas Building BranchAmicus CuriaeElliot Kudisch
Mr. William Benjamin Westcott
Mr. Robert Carson Fisk
Sunoco Logistics Partners Operations GP LLC Other interested party Mr. Philip A. Werner
Mr. David Patrick Ayers
Associated Biulders and Contractors of Texas, Inc.Amicus CuriaeElliot Kudisch
Mr. William Benjamin Westcott
Mr. Robert Carson Fisk
S&B Engineers & Constructors, Ltd.PetitionerMr. John McKinley
Mr. Lance Olinde Jr.
Mr. Wade R. Quinn
Blanchard Refining Company LLC and Marathon Petroleum Company LPAmicus CuriaeMs. Amy D. Maddux
Mr. Jonathan B. Smith
Mr. Z. Alex Rodriguez
Mr. Joel Z. Montgomery
Sunoco Logistics Partners LPOther interested party Mr. Philip A. Werner
Mr. David Patrick Ayers
Scallon Controls, Inc.RespondentMr. Andrew T. McKinney IV
Ms. Valarie J. Eissler
Ms. Kim Edwards Cooper
Mr. Neal A. Hoffman
Mr. Tory Taylor
Court of Appeals Information:
Affirmed  
716 SW3d 590, 05-23-24 
9th Court of Appeals 
Honorable Leanne Johnson 
Trial Court Information
172nd District Court 
Jefferson 
Honorable Mitch Templeton 
E-198,919