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Robert Cox, et al. v. Helena Chemical Company

Paid petition · Supreme Court of Texas, No. 20-0881 · judgment March 3, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Due Process Clause prohibits a state court from depriving petitioners of property protected by the Fourteenth Amendment without allowing them to present evidence in the form of personal observations of the condition of their property, or expert opinions on the same subject.

  2. Whether the Due Process Clause prohibits denial of petitioners’ rights guaranteed by the Fourteenth Amendment that results from reversal of case law with deep historical roots in Anglo-American jurisprudence and in fundamental principles of justice protecting property owners.

  3. Whether a state court can nullify the regulations of the Environmental Protection Agency which apply to aerial application of toxic herbicide in Texas.

  4. Whether the Chief Justice of the Supreme Court of Texas should have recused himself from deciding the case in light of his long history of financial dealings with the same firm that represents the respondent chemical company, and following a defense provided by that firm against charges of judicial misconduct.

Counsel of record

For petitioner

For respondent
Jennifer Caughey
Jackson Walker LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Sep 06 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Aug 30 2023
    Waiver of right of respondent Helena Chem. Co., et al. to respond filed.
  4. Aug 01 2023
    Petition for a writ of certiorari filed. (Response due September 25, 2023)