Supreme Court

Case: 14-0721    
14-0721
09/12/2014
Petition for Review/Cause under Rule 53.1
USAA TEXAS LLOYDS COMPANY 
GAIL MENCHACA 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
10/11/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of the Chamber of Commerce of the United States of America in Support of Petitioner's Motion for Rehearing.  Submitted by Dale Wainwright with Greenberg Traurig LLP of Austin, Texas.
10/09/2017Amicus Curiae Brief receivedReceived (instead of filed)Supplemental Brief of Amicus Curiae received from Insurance Council of Texas.  Submitted by Catherine Hanna of Hanna & Plaut, L.L.P. of Austin, Texas.
09/29/2017Reply to Response to Motion for Rehearing filedPetitionerReply to Response to Petitioner's Amended Motion for Rehearing filed on behalf of USAA Texas Lloyds Company.
09/15/2017Response to Motion for RehearingRespondentResponse to Amended Motion for Rehearing filed on behalf of Gail Menchaca.
09/15/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Lexington Insurance Company in support of petitioner's Motion for Rehearing. Submitted by Thomas C. Wright of Wright Close LLP of Houston, Texas.
06/23/2017Amended motion for rehearingPetitionerAmended Motion for Rehearing filed on behalf of USAA Texas Lloyds Company.
06/22/2017Motion for RehearingPetitioner's motion for rehearing of cause filedMotion for Rehearing filed on behalf of USAA Texas Lloyds Co.
10/10/2016Exhibits in case/cause filedPetitionerOral Argument Exhibits filed on behalf of USAA Texas Lloyds Co.
10/07/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Cameron, A Schlumberger Company.
10/06/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief in Support of Gail Menchaca received by United Poliyholders. Submitted by Marc S. Tabolsky and Penelope E. Nichaolson with Schiffer Odom Hicks & Johnson PLLC of Houston, Texas.
09/23/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Texas Automobile Dealers Association, et al.
04/29/2016Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae Insurance Council of Texas. Submitted by Catherine L. Hanna of Hanna & Plaut, L.L.P. of Austin, Texas.
02/22/2016Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Curiae Letter Brief filed on behalf of Texans for Lawsuit Reform.
02/05/2016Reply BriefPetitionerReply Brief on the Merits filed on behalf of USAA Texas Lloyds Company.
02/03/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of the Chamber of Commerce, submitted by Dale Wainwright of Bracewell LLP.
11/20/2015Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Gail Menchaca.
07/31/2015Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of USAA Texas LLoyds Company.
03/26/2015Reply to ResponsePetitionerReply to Response to Petition for Review. On behalf of USAA Texas Lloyds Company.
03/11/2015Response to PetitionRespondentResponse to Petition for Review filed on behalf of Gail Menchaca.
11/14/2014Petition for ReviewPetitionerPetition for Review filed on behalf of USAA Texas Lloyds Company
Case Events
DateEvent TypeDispositionRemarksDocument
04/13/2018Court approved judgment sent to attorneys of recordIssued 
04/13/2018Dissenting opinion issued.IssuedJustice Green delivered a dissenting opinion in which Justice Guzman and Justice Brown joined as to Parts I, II, and IV, and a plurality opinion as to Part III, in which Chief Justice Hecht, Justice Guzman, and Justice Brown joined.
04/13/2018Concurring Opinion issued.IssuedChief Justice Hecht delivered a concurring opinion.
04/13/2018Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial courtThe Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Boyd announced the Court's judgment and delivered the Court's opinion as to Parts I, II, and III.A, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined, a plurality opinion as to Parts III.B and III.C, in which Chief Justice Hecht, Justice Lehrmann, and Justice Devine joined, and an opinion as to Parts III.D, III.E, III.F, and III.G, in which Justice Lehrmann and Justice Devine joined.  (Justice Johnson not sitting)
(4/13/2018 6:10:53 PM) 140721d.pdf, 140721c.pdf, 140721.pdf, 14-0721.jmt.pdf
04/13/2018Previous opinion withdrawn The Court's opinion and judgment issued April 7, 2017 are withdrawn and the opinion and judgment issued this date are substituted.
12/15/2017Motion for Rehearing Granted  
12/15/2017Motion for Rehearing - DisposedFiling granted(Justice Johnson not sitting)
10/11/2017Amicus Curiae Brief received Amicus Curiae Brief of the Chamber of Commerce of the United States of America in Support of Petitioner's Motion for Rehearing.  Submitted by Dale Wainwright with Greenberg Traurig LLP of Austin, Texas.
10/09/2017Amicus Curiae Brief received Supplemental Brief of Amicus Curiae received from Insurance Council of Texas.  Submitted by Catherine Hanna of Hanna & Plaut, L.L.P. of Austin, Texas.
09/29/2017Reply to Response to Motion for Rehearing filed Reply to Response to Petitioner's Amended Motion for Rehearing filed on behalf of USAA Texas Lloyds Company.
09/18/2017Call received From pet's office to notify the Court that they will be filing a reply to response to motion for rehearing within the next two weeks.
09/15/2017Response to Motion for Rehearing Response to Amended Motion for Rehearing filed on behalf of Gail Menchaca.
09/15/2017Amicus Curiae Brief received Amicus Brief of Lexington Insurance Company in support of petitioner's Motion for Rehearing. Submitted by Thomas C. Wright of Wright Close LLP of Houston, Texas.
08/14/2017Motion for Extension of Time to File Response disposedFiling grantedMotion for Extension of Time to file Response to Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response to Motion for Rehearing is due September 15, 2017.
08/14/2017Motion for Extension of Time to File Response Second Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Gail Menchaca.
07/06/2017Motion for Extension of Time to File Response disposedFiling grantedUnopposed Motion for Extension of Time to file Response to Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response to Motion for Rehearing is due August 16, 2017.
07/06/2017Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Gail Menchaca.
06/30/2017Supreme Court of Texas Requested Response Requested response to motion for rehearing due no later than July 17, 2017.
06/23/2017Amended motion for rehearing Amended Motion for Rehearing filed on behalf of USAA Texas Lloyds Company.
06/23/2017Letter Filed Letter to notify the Court about the amended motion corrected a typographical error in the original Motion filed on behalf of USAA Texas Lloyds Company.
06/22/2017Case forwarded to Court  
06/22/2017Motion for Rehearing Motion for Rehearing filed on behalf of USAA Texas Lloyds Co.
05/17/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time to file Motion for Rehearing filed on behalf of USAA Texas Lloyds Co. Motion for Rehearing is due June 23, 2017. Further requests for extensions of time for this filing will not be considered.
05/17/2017Motion for Extension of Time to File Motion for Rehearing Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of USAA Texas Lloyds Co.
04/17/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time to file Rehearing is granted. Further requests for extensions of time for this filing will be disfavored. Motion for Rehearing is due May 24, 2017.
04/17/2017Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of USAA Texas Lloyds Co.
04/07/2017Court approved judgment sent to attorneys of recordIssued 
04/07/2017Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial courtThe Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Boyd delivered the opinion of the Court.  (Justice Johnson not sitting)
(4/7/2017 1:05:53 PM) 140721.pdf, 14-0721.jmt.pdf
10/11/2016Oral argument  Argued on behalf of petitioner by Wallace B. Jefferson; Argued on behalf of respondent by Jennifer Bruch Hogan (Justice Johnson not sitting)
10/10/2016Exhibits in case/cause filed Oral Argument Exhibits filed on behalf of USAA Texas Lloyds Co.
10/07/2016Amicus Curiae Brief received Amicus Brief of Cameron, A Schlumberger Company.
10/06/2016Amicus Curiae Brief received Amicus Brief in Support of Gail Menchaca received by United Poliyholders. Submitted by Marc S. Tabolsky and Penelope E. Nichaolson with Schiffer Odom Hicks & Johnson PLLC of Houston, Texas.
09/27/2016Oral Argument Submission Form from Attorney received Oral Argument will be presented by Wallace B. Jefferson with Alexander Dubose Jefferson & Townsend LLP, of Austin Texas, filed on behalf of USAA Texas Lloyds Company.
09/23/2016Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of Texas Automobile Dealers Association, et al.
09/16/2016Oral Argument Submission Form from Attorney received Oral Argument Submission Form filed on behalf of Gail Menchaca. Oral argument will be presented by Jennifer Bruch Hogan of Hogan & Hogan.
09/02/2016Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., October 11, 2016. Time allotted to argue: 20/20 minutes (Justice Johnson not sitting)
09/02/2016Petition for Review granted  
09/02/2016Petition for Review disposedFiling granted 
04/29/2016Amicus Curiae Brief received Brief of Amicus Curiae Insurance Council of Texas. Submitted by Catherine L. Hanna of Hanna & Plaut, L.L.P. of Austin, Texas.
02/22/2016Amicus Curiae Letter Received Amicus Curiae Letter Brief filed on behalf of Texans for Lawsuit Reform.
02/05/2016Reply Brief Reply Brief on the Merits filed on behalf of USAA Texas Lloyds Company.
02/03/2016Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of the Chamber of Commerce, submitted by Dale Wainwright of Bracewell LLP.
12/29/2015Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Petitioner's Reply Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply brief is due February 5, 2016.
12/29/2015Motion for Extension of Time to File Brief filed Unopposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of USAA Texas Lloyds Company.
12/01/2015Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of USAA Texas Lloyds Company has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due January 6, 2015.
12/01/2015Motion 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 USAA Texas Lloyds Company.
11/20/2015Brief on the Merits Respondent's Brief on the Merits filed on behalf of Gail Menchaca.
10/20/2015Motion for Extension of Time disposed.Filing grantedUnopposed Third Motion for Extension of Time to file Respondent's Brief on the Merits, filed on behalf of Gail Menchaca has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Respondent's Brief is due November 20, 2015. Reply Brief is due December 7, 2015.
10/19/2015Motion for Extension of Time to File Brief filed Unopposed Third Motion for Extension of Time to file Respondent's Brief on the Merits, filed on behalf of Gail Menchaca.
09/16/2015Motion for Extension of Time disposed.Filing grantedUnopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Gail Menchaca has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.  Respondent's Brief is due October 21, 2015; Reply brief is due November 5, 2015.
09/16/2015Motion 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 Gail Menchaca.
08/18/2015Motion for Extension of Time disposed.Filing grantedMotion for extension of time to file response brief, filed on behalf of Gail Mechaca is grranted. Response brief is due September 21, 2015; reply brief due October 6, 2015. Further requests for extensions of time will be disfavored.
08/18/2015Motion for Extension of Time to File Brief filed Motion for extension of time to file response brief, filed on behalf of Gail Menchaca.
07/31/2015Brief on the Merits Petitioner's Brief on the Merits filed on behalf of USAA Texas LLoyds Company.
06/19/2015Motion for Extension of Time disposed.Filing grantedSecond Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. No further extensions of time will be considered. Petitioner's brief is due July 31, 2015; Respondent's brief is due August 20, 2015; and Reply brief is due September 4, 2015.
06/19/2015Motion for Extension of Time to File Brief filed Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of USAA Texas Lloyds Company.
05/21/2015Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Petitioner's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Pet's Brief is due July 1, 2015; Resp's Brief is due July 21, 2015; Pet's Reply Brief is due August 5, 2015.
05/21/2015Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits. On behalf of USAA Texas Lloyds Co.
05/19/2015Case Record Filed  Electronic Appellate Record received.
05/01/2015Record Requested in Petition for Review Record requested from the 13th COA
05/01/2015Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than June 1, 2015; Reponse brief due June 22, 2015; Reply brief due July 7, 2015.
03/26/2015Reply to Response Reply to Response to Petition for Review. On behalf of USAA Texas Lloyds Company.
03/11/2015Response to Petition Response to Petition for Review filed on behalf of Gail Menchaca.
02/09/2015Notice from Counsel of a change in address Notice of Change of Address for Jennifer Bruch Hogan and Richard P. Hogan, Jr., counsel for Respondent.
01/29/2015Motion for Extension of Time to File Response disposedFiling grantedMotion for Extension of Time to file Response to Petition for Review is Granted; Response is due March 11, 2015. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED..
01/29/2015Motion for Extension of Time to File Response First Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Gail Menchaca.
01/09/2015Supreme Court of Texas Requested Response Response Requested to Petition for Review due on February 9, 2015.
12/09/2014Case forwarded to Court  
12/08/2014Response Waiver filed Response waiver filed on behalf of Respondent, Gail Menchaca
11/14/2014Petition for Review Petition for Review filed on behalf of USAA Texas Lloyds Company
10/06/2014Second Motion for Extension of Time to File Petition for Review disposedFiling grantedMotion for Extension of Time is granted.  Petition for Review is due November 14, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/06/2014Second 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 USAA Texas Lloyds Co.
09/12/2014Motion for Extension of Time to File Petition for Review disposedFiling grantedPetition is due October 15, 2014
09/12/2014Notice of Appearance Notice of Appearance of Lead Counsel. Wallace B. Jefferson and Rachel A. Ekery of Alexander Dubose Jefferson & Townsend LLP appear as counsel of record for Petitioner USAA Texas Lloyds Company.
09/12/2014Motion for Extension of Time to File Petition for Review filed Unopposed Motion for Extension of Time to file Petition for Review. On behalf of USAA Texas Lloyds Company
Calendars
Set DateCalendar TypeReason SetRemarks
04/30/2018StatusMotion for rehearing due to be filed.  
Parties
PartyPartyTypeRepresentative
Texans for Lawsuit ReformAmicus CuriaeMr. Hugh Rice Kelly
Texas Independent Automobile Dealers AssociationAmicus CuriaeMr. Brendan K. McBride
Mr. Matthew R. Pearson
Mr. Marc E. Gravely
Insurance Council of TexasAmicus CuriaeMs. Catherine L. Hanna
Brass Real Estate FundsAmicus CuriaeMr. Matthew R. Pearson
Mr. Marc E. Gravely
Mr. Brendan K. McBride
Texas Organization of Rural & Community HospitalsAmicus CuriaeMr. Matthew R. Pearson
Mr. Marc E. Gravely
Mr. Brendan K. McBride
USAA Texas Lloyds CompanyPetitionerMs. Tanya Dugas
Mr. Levon G. Hovnatanian
Mr. Christopher W. Martin
Ms. Rachel A. Ekery  
Mr. Robert T. Owen  
Mr. Paul Wayne Pickering
Mr. Wallace B. Jefferson  
Mr. Thomas R. Phillips
Ms. Mary Margaret Roark
Mr. Charles T. Frazier Jr.
Mr. Bruce E. Ramage
Menchaca, GailRespondentMr. John Steven Mostyn
Mr. James C. Marrow
Ms. Jennifer Bruch Hogan
Mr. Richard P. Hogan Jr.
Mr. Randal G. Cashiola
Mr. Gilberto Hinojosa
Texas Automobile Dealers AssociationAmicus CuriaeMr. Marc E. Gravely
Mr. Brendan K. McBride
Mr. Matthew R. Pearson
Chamber of Commerce of the United States of AmericaAmicus CuriaeMr. Dale Wainwright  
Ms. Lindsay E. Hagans
Ms. Kendyl Taylor Hanks
Cameron, a Schlumberger CompanyAmicus CuriaeMr. Russell S. Post
Lexington Insurance CompanyAmicus CuriaeMr. Michael A. Choyke
Ms. Lisa Wright
Mr. Thomas C. Wright
United PolicyholdersAmicus CuriaeMr. Marc S. Tabolsky
Ms. Penelope E. Nicholson
Court of Appeals Information:
Aff As Mod 
___ SW3d ___, 07-31-14 
13th Court of Appeals 
Honorable Dori Contreras 
Trial Court Information
9th District Court 
Montgomery 
Honorable Kelly W. Case 
09-05-04702-CV 
 
 

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