The communication that is protected by the Texas anti-SLAPP, TCPA, statute is the movant’s communication, not the non-movant’s communication. In this suit, the motion to dismiss was denied because the communication was that of the plaintiff, not the defendant.
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In its never ending battle against the Texas anti-SLAPP, TCPA, law, the Dallas Court of Appeals holds that a hearing on a temporary injunction where evidence of the causes of action pleaded is presented, makes a motion to dismiss frivolous for which attorney’s fees can be awarded to the plaintiff.
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In a Texas anti-SLAPP, TCPA, case, saying something is a matter of public concern doesn’t make it so. The record must contain evidence that the pleadings sought to be dismissed involve a matter of public concern.
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Can a motion for sanctions be dismissed under the Texas anti-SLAPP, TCPA law? The law was amended by the 2019 legislature effective Sept. 1, 2019. The new law excludes procedural actions or motions. But what about cases filed before Sept. 1, 2019? The court here found that the Texas anti-SLAPP, TCPA, can’t be used to dismiss a motion for sanctions.
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Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...
Read MoreThe committee is part of the State Bar of Texas Annual Meeting in Austin and considers resolutions submitted for review and approval. “Any resolutions adopted by the committee will be considered by attendees of the General...
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