Supreme Court

Case: 25-0511    
25-0511
06/13/2025
Petition for Review originally filed as 53.7(f)
ZURICH AMERICAN INSURANCE COMPANY, AS SUCCESSOR BY MERGER TO MARYLAND CASUALTY COMPANY 
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, AS SUCCESSOR TO BURLINGTON NORTHERN RAILROAD COMPANY, AND AS SUCCESSOR IN INTERESTS TO GREAT NORTHERN RAILWAY COMPANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/02/2026Reply BriefPetitioner Petitioner's Redacted Reply Brief on the Merits filed on behalf of Zurich American Insurance Company.
08/26/2026Amended Brief filedPetitioner Amended Response Brief on the Merits filed on behalf of Zurich Insurance Company.
08/24/2026Reply BriefPetitioner SEALED | Reply Brief on the Merits filed on behalf of Zurich American Insurance Company.
08/24/2026Reply BriefPetitioner Cross-Petitioner's Reply Brief on the Merits filed on behalf of Burlington Northern and Santa Fe Railway Company, et al.
06/18/2026Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Zurich American Insurance Company.
06/18/2026Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Burlington Northern and Santa Fe Railway Company, et al.
06/01/2026Brief on the MeritsPetitioner Redacted Version of Petitioner's Brief on the Merits filed on behalf of Zurich American Insurance Company.
04/29/2026Brief on the MeritsRespondent Cross-Petitioner's Brief on the Merits filed on behalf of Burlington Northern and Santa Fe Railway Company, et al.
04/29/2026Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Zurich American Insurance Company.
02/17/2026Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Burlington Northern and Santa Fe Railway Company, et al.
02/02/2026Response to PetitionRespondent Response to Petition for Review filed on behalf of Zurich American Insurance Company, et al.
12/04/2025Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Zurich American Insurance Company.
11/05/2025Response to PetitionRespondent Response to Petition for Review filed on behalf of The Burlington Northern Railroad Company.
09/05/2025Petition for Review #2Petitioner Petition for Review filed on behalf of Zurich American Insurance Company
09/05/2025Petition for ReviewEvent related to subsequent petition filed in case. Petition for Review filed on behalf of The Burlington and Santa Fe Railroad Company, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/02/2026Reply Brief  Petitioner's Redacted Reply Brief on the Merits filed on behalf of Zurich American Insurance Company.
09/01/2026Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to file Redacted Reply Brief on the Merits granted
08/26/2026Amended Brief filed  Amended Response Brief on the Merits filed on behalf of Zurich Insurance Company.
08/26/2026Call received  Call received from counsel for Petitioner stating the amended response brief was included in the appendix of the motion to amend, however, they will refile the amended brief separately.
08/24/2026Reply Brief  SEALED | Reply Brief on the Merits filed on behalf of Zurich American Insurance Company.
08/24/2026Reply Brief  Cross-Petitioner's Reply Brief on the Merits filed on behalf of Burlington Northern and Santa Fe Railway Company, et al.
08/24/2026Miscellaneous Motion  Unopposed Motion to file Redacted Reply Brief on the Merits filed on behalf of Zurich American Insurance Company.
07/31/2026Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioners' Briefs on the Merits is granted. Petitioners' Briefs are due August 24, 2026. Absent extraordinary circumstances, further requests for extensions of time will not be considered.
07/29/2026Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioners' Reply Briefs on the Merits filed on behalf of Zurich American Insurance Company, et al.
07/16/2026Motion to Amend disposedFiling granted Zurich American Insurance Company's Motion for Leave to File Amended Brief granted
06/26/2026Motion to Amend Filed  Unopposed Motion to Amend Respondent's Brief on the Merits filed on behalf of Zurich American Insurance Company.
06/25/2026Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due August 3, 2026. Further requests for extensions of time for this filing will be disfavored.
06/23/2026Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Zurich American Insurance Company.
06/18/2026Brief on the Merits  Response Brief on the Merits filed on behalf of Burlington Northern and Santa Fe Railway Company, et al.
06/18/2026Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Zurich American Insurance Company.
06/01/2026Brief on the Merits  Redacted Version of Petitioner's Brief on the Merits filed on behalf of Zurich American Insurance Company.
05/21/2026Miscellaneous motion disposed. See Remarks.Filing granted in part Today the Supreme Court of Texas granted in part Petitioner’s Unopposed Motion to File Under Seal.  The Court orders Petitioner to file a redacted version of its brief on the merits no later than June 1, 2026, which will be available on the Court’s website.
05/13/2026Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Respondent's and Cross Respondent's Response Brief on the Merits is granted. Respondent's and Cross Respondent's brief is due June 18, 2026. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due July 3, 2026.
05/12/2026Motion for Extension of Time to File Brief filed  Joint Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Zurich American Insurance Company, et al.
04/29/2026Brief on the Merits  Cross-Petitioner's Brief on the Merits filed on behalf of Burlington Northern and Santa Fe Railway Company, et al.
04/29/2026Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Zurich American Insurance Company.
04/29/2026Miscellaneous Motion  Unopposed Motion to file Brief on the Merits Under Seal filed on behalf of Zurich American Insurance Company.
03/24/2026Motion for Extension of Time disposed.Filing granted in part Motion for Extension of Time to file Petitioner's Brief on the Merits is granted in-part. Petitioner's Brief is due April 29, 2026. Further requests for extensions of time for this filing will be disfavored. Response Brief is due May 19, 2026. Petitioner's Reply Brief is due June 3, 2026.
03/24/2026Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Briefs on the Merits filed on behalf of Zurich American Insurance Company, et al.
02/27/2026Brief on the Merits Ordered  Brief on the merits ordered: Petitioner's brief due no later than March 30, 2026; Response brief due April 20, 2026; Reply brief due May 5, 2026.
02/17/2026Reply to Response  Reply in Support of Petition for Review filed on behalf of Burlington Northern and Santa Fe Railway Company, et al.
02/02/2026Response to Petition  Response to Petition for Review filed on behalf of Zurich American Insurance Company, et al.
01/12/2026Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Response to Petition for Review is due February 2, 2026. Further requests for extensions of time for this filing will be disfavored.
01/12/2026Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Zurich American Insurance Company.
12/12/2025Supreme Court of Texas Ordered Response  Court ordered response from Zurich to BNSF's petition for review due no later than January 12, 2026.
12/04/2025Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Zurich American Insurance Company.
11/14/2025MET 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 December 4, 2025. Further requests for extensions of time for this filing will be disfavored.
11/14/2025Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Zurich American Insurance Company.
11/12/2025Case forwarded to Court 
11/12/2025Case forwarded to Court 
11/05/2025Response to Petition  Response to Petition for Review filed on behalf of The Burlington Northern Railroad Company.
10/06/2025Response Waiver filed  Response Waiver filed on behalf of The Zurich American Insurance Company
10/03/2025Motion 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 November 5, 2025. Further requests for extensions of time for this filing will be disfavored.
10/03/2025Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of The Burlington Northern Railroad Company.
09/05/2025Petition for Review #2  Petition for Review filed on behalf of Zurich American Insurance Company
09/05/2025Petition for Review  Petition for Review filed on behalf of The Burlington and Santa Fe Railroad Company, et al.
08/19/2025Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Cross Petition for Review is granted. Cross-Petition for Review is due September 5, 2025. FUTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
08/19/2025Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Cross Petition for Review filed on behalf of The Burlington Northern and Santa Fe Railway Company, et al.
08/18/2025Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due September 5, 2025. Further requests for extensions of time for this filing will not considered.
08/18/2025Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of Zurich American Insurance Company.
07/21/2025Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Cross-Petition for Review is granted. Cross Petition for Review is due August 22, 2025. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/21/2025Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Cross Petition for Review filed on behalf of The Burlington Northern and Santa Fe Railway Company, et al.
07/18/2025Second 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 August 22, 2025. Further requests for extensions of time for this filing will be disfavored.
07/18/2025Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Zurich American Insurance Company.
06/24/2025Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Andrew J. Candela is granted.
06/24/2025Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of James H. Kallianis, Jr.’s Admission Pro Hac Vice is granted.
06/24/2025Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Andrew J. Candela’s Admission Pro Hac Vice is granted.
06/23/2025Pro hac vice motion disposedFiling granted Motion for James H. Kallianis, Jr. Admission Pro Hac Vice is granted.
06/23/2025Pro hac vice motion filed  Motion for Andrew J. Candela Admission Pro Hac Vice filed on behalf of Zurich American Insurance Company.
06/23/2025Pro hac vice motion filed  Motion for James H. Kallianis, Jr. Admission Pro Hac Vice filed on behalf of Zurich American Insurance Company.
06/23/2025Pro hac vice motion filed  Motion in support of James H. Kallianis, Jr.'s Admission Pro Hac Vice filed on behalf of Zurich American Insurance Company.
06/23/2025Pro hac vice motion filed  Motion in support of Andrew J. Candela's Admission Pro Hac Vice filed on behalf of Zurich American Insurance Company.
06/16/2025Motion 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 July 23, 2025.
06/16/2025Amendment to Motion filed   Amended Motion for Extension of Time to file Petition for Review filed on behalf of Zurich American Insurance Company.
06/16/2025Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Cross-Petition for Review granted.  Petition for Review is due no later than July 23, 2025.
06/16/2025Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Cross-Petition for Review filed on behalf of The Burlington Northern and Santa Fe Railway Company, et al.
06/13/2025Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Zurich American Insurance Company.
06/13/2025Clerk's Record 
06/13/2025Supplement to Clerk's/Reporter's Record 
06/13/2025Clerk's Record 
06/13/2025Court reporter/recorder's record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
11/12/2025Work-Up by Staff / Review by JusticesUnder Review 
11/12/2025Work-Up by Staff / Review by JusticesUnder Review 
Parties
Party▲▼Party Type▲▼Representative▲▼
Zurich American Insurance CompanyPetitionerJames H. Kallianis Junior
Andrew J. Candela
Mr. Roland K. Johnson
Mr. Wallace B. Jefferson  
Mr. Adam Shniderman
Mr. William J. Boyce
The Burlington Northern and Santa Fe Railway CompanyRespondentMr. Preston Randolph Mundt
Mr. David E. Keltner
Mr. Jody Sanders
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
___ SW3d ___, 03-13-25 
2nd Court of Appeals 
Honorable Elizabeth Sturdivant Kerr 
Trial Court Information
352nd District Court 
Tarrant 
Honorable Josh Burgess 
352-287082-16