Select Page

Author: Robert Ray

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.

Read More

How Much Discovery Is Too Much Discovery In A Texas anti-SLAPP Case

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. 

Read More

Robert Ray

Robert Ray is an attorney who handles cases throughout Texas. The principle office is in Lantana, Texas (DFW area). He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial law.

What is a Board Certified Attorney?

Get Notified of New Post

Pin It on Pinterest