Case: 98-0857
98-0857
09/09/1998
U.S. Certified Question accepted by Supreme Court
GLORIA MARIE HERNANDEZ, a/n/f of R.R.E., a minor
TOKAI CORPORATION and SCRIPTO-TOKAI CORPORATION
Appellate Briefs
| Date | Event Type | Description | Remarks | Document |
|---|---|---|---|---|
| 08/26/1999 | Amicus Curiae Brief received | Received (instead of filed) | for Vinson & Elkins and McDowell Collmer; by Barbara Radnofsky, 1001 Fannin Ste 2300 Houston, TX 77002, 713/758-3846; and Mark Collmer 713/655-9595. | |
| 02/19/1999 | Post submission brief filed | Petitioner | SECOND POST-SUBMISSION LETTER BRIEF OF GLORIA MARIE HERNANDEZ AND NEXT FRIEND OF RUBEN RICHARD EMETERIO, A MINOR | |
| 01/29/1999 | Amicus Curiae Brief received | Received (instead of filed) | on behalf of Product Liability Advisory Council, Inc., by William Powers, Jr. @ 727 East Dean Keeton St., Austin, TX 78705, (512) 232-1297. | |
| 01/21/1999 | Letter brief | Appellee in case | on behalf of Tokai in response to post submission brief by appellant | |
| 12/16/1998 | Post submission brief filed | Petitioner | Gloria M. Hernandez brief to address three areas regarding "comsumer choice | |
| 12/10/1998 | Amicus Curiae Brief received | Received (instead of filed) | In referance to the Bic Corp., S. Vance Wittie 4300 Nationsbank Plaza 901 Main St. Dallas, Tx. 75202 (214)651-4300 | |
| 12/07/1998 | Reply Brief | Petitioner | Gloria Marie Hernandez's reply brief. | |
| 12/03/1998 | Amicus Curiae Brief received | Petitioner | on behalf of Allstate Insurance Co. by James Dendinger, 2300 BankOne Center, Dallas, Tx 75201, 214-462-3017 | |
| 11/24/1998 | Brief on the Merits | Appellee in case | Appellees Tokai Corpporation & Scripto-Tokai Corp., brief on the merits | |
| 10/29/1998 | Brief on the Merits | Appellant in case | Cross-Petitioner/Appellant | |
| 09/09/1998 | Certified Question filed | Appellant in case | CONVERSION EVENT: auto-inserted to match archive begin date. | |
| 09/09/1998 | Certified Question filed | question certified from the United States Court of Appeals for the Fifth Circu it; case number 97-50862 | |
Case Events
| Date | Event Type | Disposition | Remarks | Document |
|---|---|---|---|---|
| 09/17/1999 | Case Stored | Case location: 18-I-5 2 SW3d 251 | | |
| 09/17/1999 | Letter sent to parties from Supreme Court - See Remarks | Letter to U.S. COA, Fifth Circuit, clerk advising that record is being returned to them. | | |
| 09/17/1999 | Record returned to Court of Appeals | Record sent to U.S. Court of Appeals, Fifth Circuit. | | |
| 08/26/1999 | Miscellaneous motion disposed. See Remarks. | Filing granted | Unopposed motion to take judicial notice of adjudicative facts is granted. | |
| 08/26/1999 | Amicus Curiae Brief received | for Vinson & Elkins and McDowell Collmer; by Barbara Radnofsky, 1001 Fannin Ste 2300 Houston, TX 77002, 713/758-3846; and Mark Collmer 713/655-9595. | | |
| 08/26/1999 | Court approved judgment sent to attorneys of record | judgment issued | | |
| 08/26/1999 | Opinion issued | Certified question answered by the Court | Question certified from USCA for the Fifth Circuit is answered. Opinion of the Court by Justice Hecht. 2 SW3d 251 | |
| 02/22/1999 | Correction filed (See Remarks) | on behalf of Gloria Hernandez, correction of typographical error in second sentence of page eight of post-submission letter brief filed on 2-19-99. | | |
| 02/19/1999 | Post submission brief filed | SECOND POST-SUBMISSION LETTER BRIEF OF GLORIA MARIE HERNANDEZ AND NEXT FRIEND OF RUBEN RICHARD EMETERIO, A MINOR | | |
| 01/29/1999 | Amicus Curiae Brief received | on behalf of Product Liability Advisory Council, Inc., by William Powers, Jr. @ 727 East Dean Keeton St., Austin, TX 78705, (512) 232-1297. | | |
| 01/21/1999 | Letter brief | on behalf of Tokai in response to post submission brief by appellant | | |
| 12/17/1998 | Motion for Extension of Time disposed. | Filing granted | Appellees' m/e/t to file brief on the merits is granted until 11/23/98. | |
| 12/16/1998 | Post submission brief filed | Gloria M. Hernandez brief to address three areas regarding "comsumer choice | | |
| 12/10/1998 | Amicus Curiae Brief received | In referance to the Bic Corp., S. Vance Wittie 4300 Nationsbank Plaza 901 Main St. Dallas, Tx. 75202 (214)651-4300 | | |
| 12/09/1998 | Miscellaneous motion disposed. See Remarks. | Filing granted | Motion to permit oral argument by amicus curiae granted | |
| 12/09/1998 | Created for Data Conversion -- an event inserted to correspond to the submission date of a process | CONVERSION EVENT: auto-inserted to match archive submission info. | | |
| 12/09/1998 | Created for Data Conversion -- an event inserted to correspond to the submitted date of a process | CONVERSION EVENT: auto-inserted to match archive submitted date. | | |
| 12/09/1998 | Oral argument | argued for appellant by Mr. Victor M. Carrera, for amicus by Mr. James D. Dendinger; for appellee by Mr. Ryan G. Anderson | | |
| 12/07/1998 | Notice requesting filing fee | $10.00 not paid for Pet's Reply Brief; letter sent to Victor Carrera. | | |
| 12/07/1998 | Reply Brief | Gloria Marie Hernandez's reply brief. | | |
| 12/04/1998 | Miscellaneous Motion | "Appellant's Unopposed Motion to Permit Oral Argument by Amicus Curiae" | | |
| 12/04/1998 | Miscellaneous Motion | "Appellant's Unopposed Motion to Take Judicial Notice of Adjudicative Facts." | | |
| 12/04/1998 | Motion for Extension of Time filed | Appellees unoposed m/e/t to file brief on the merits | | |
| 12/04/1998 | Notice requesting filing fee | $10.00 not paid for Motion to Permit Oral Argument by Amicus Curiae; Letter sent to Victor M. Cerrera | | |
| 12/03/1998 | Amicus Curiae Brief received | on behalf of Allstate Insurance Co. by James Dendinger, 2300 BankOne Center, Dallas, Tx 75201, 214-462-3017 | | |
| 11/24/1998 | Brief on the Merits | Appellees Tokai Corpporation & Scripto-Tokai Corp., brief on the merits | | |
| 11/24/1998 | Notice requesting filing fee | $10.00 for filing brief on the merits Letter sent to Ryan Anderson | | |
| 10/29/1998 | Brief on the Merits | Cross-Petitioner/Appellant | | |
| 10/15/1998 | Miscellaneous motion disposed. See Remarks. | dismissed as moot | Motion to postpone oral argument is dismissed as moot. | |
| 10/13/1998 | Miscellaneous Motion | Appellee's motion to postpine oral argument | | |
| 10/01/1998 | Certified Question disposed | Certified Question accepted | CONVERSION EVENT: auto-inserted to match archive disposition info. | |
| 10/01/1998 | Amount of time allotted for oral argument. | Each side allotted twenty minutes to argue. | | |
| 10/01/1998 | Brief on the Merits Requested | Appellant's brief due 11/02/98; appellee's brief due 11/23/98 | | |
| 10/01/1998 | Certified Question disposed | Certified Question accepted | Certified question from USCA for the Fifth Circuit is accepted. | |
| 10/01/1998 | Set for Submission | Set for submission on Wednesday, December 9, 1998. | | |
| 09/22/1998 | Record Received (See Remarks) | one volume record from US Court of Appeals, 5th Circuit. | | |
| 09/09/1998 | Certified Question filed | CONVERSION EVENT: auto-inserted to match archive begin date. | | |
| 09/09/1998 | Certified Question filed | question certified from the United States Court of Appeals for the Fifth Circu it; case number 97-50862 | | |
| 09/09/1998 | Notice requesting filing fee | each side owes $62.50 for filing fee | |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 09/17/1999 | Case Stored | Case stored. | 18-I-5 |
Parties
| Party | PartyType | Representative |
|---|---|---|
| HERNANDEZ, GLORIA MARIE | Appellant | Mr. Victor M. Carrera |
| TOKAI CORPORATION | Appellee | Mr. Christopher Lee Burke Mr. Ryan G. Anderson |
| STATE OF TEXAS | Other interested party | Justice John Cornyn |
| SCRIPTO-TOKAI CORPORATION | Appellee | Mr. Thad D. Spalding Mr. David M. Prichard |
| R.R.E. (MINOR) | Appellant | Mr. Alberto Guerrero |
Court of Appeals Information:
Trial Court Information