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.Read More
Category: Court of Appeals
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.Read More
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.Read More
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
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
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.Read More
Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...Read More
In A Texas anti-SLAPP, TCPA, Case, If The Non-Movant Raises The Commercial Speech Exemption, You Must Address It Or You May Lose
Legal Action Suit over violation of employment agreement. Communication Getting together to start...Read More
The Texas anti-SLAPP, TCPA, law applies to lawyer discipline cases brought by the State Bar but the elements of a cause of action that the State Bar must prove to avoid the law are easy to prove in step two of the process.
The dissent said that the TCPA “has become a barrier to disciplining lawyers.” It has not. New things are scary but like we would tell our client, Mr. Craddock, just do what you’re supposed to do under the law and everything will be alright.
Legal Action Subpoena to non party to lawsuit. Communication Phone calls. Right Involved Exercise...Read More
Texas anti-SLAPP, TCPA, Doesn’t Apply If It Would Be “Illogical” Or If It Would Cause “Absurd Result”
The new, Democratic, Dallas Court of Appeals holds that the TCPA doesn’t apply to a trade secrets case because it would be “illogical” and would lead to an “absurd result”. This is contrary to opinions by the Austin and Tyler Courts of Appeal.Read More
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