Non-monetary sanctions and punitive sanctions are not allowed by the Texas anti-SLAPP, TCPA, statute
Legal Action Plaintiff sued defendant for defamation. Communication Defendants postings on a...
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Author: Robert Ray
Only communications by the movant are protected by the Texas anti-SLAPP, TCPA, statute
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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Filing a Texas anti-SLAPP motion after an injunction hearing is frivolous
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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A Texas anti-SLAPP motion to dismiss based on “a matter of public concern” must contain evidence of that concern
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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Texas anti-SLAPP does not encompass a motion for sanctions alleging discovery abuse
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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