The 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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When a Texas anti-SLAPP motion to dismiss has been filed, all proceedings in the trial court, including discovery, or stayed. The trial court can allow “specified and limited” discovery that is relevant to the motion to dismiss if “good cause” is shown. Comprehensive discovery is not allowed, but the plaintiff must be armed with “clear and specific” evidence of each essential element of every single claim challenged. Thus, discovery must be sufficiently broad to cover all essential elements of all of the challenged claims, even if it could be later determined that some of the claims did not fall within the TCPA.
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The consequences of a judge’s failure to rule on a motion to dismiss are different between the Texas anti-SLAPP, TCPA, statute and Rule 91a. Under the TCPA, a failure to rule is considered a denial of the motion from which an interlocutory appeal may be filed. Under Rule 91a, a failure to rule is just that, a non-ruling. There is no appealable order if the trial court hasn’t ruled on the Rule 91a motion. A petition for writ of mandamus may be filed to force the trial court to rule but until he rules, there is no appealable order.
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Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...
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Legal Action Suit over violation of employment agreement. Communication Getting together to start...
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The Texas Supreme Court discusses the Texas anti-SLAPP, TCPA, law, contracts and the parol evidence rule.
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