Change of direction
I am changing this blog to focus on the average attorney handling average cases that might occasionally file or encounter a Texas anti-slap motion.
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Category: Law
A remand after finding the Texas Anti-SLAPP, TCPA law applies
After finding that the Texas Anti-SLAPP law applied, the appeals court remanded the case to the trial court so the non-movant could put on evidence showing whether it could produce clear and specific evidence of each of its claims. They did not reverse and render!
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Can you appeal an oral order denying an anti-SLAPP motion to dismiss?
The Houston 1st court of appeals decided it did not have jurisdiction over a case because the trial judge orally denied a motion to dismiss filed under the Texas Anti-SLAPP, TCPA statute. An interlocutory appeal can only be taken from a written order denying a motion to dismiss. Casillas v. M&S Concrete, 01-19-00145-CV (Tex. App. – Houston [1st] April 28, 2020, no pet. h.) (mem. op.).
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Nonsuits and the Texas Anti-SLAPP, TCPA law – not Always?
The general rule is that if a party dismisses all or part of their claims after a motion to dismiss under the Texas Anti-SLAPP, TCPA law has been filed against them, the nonsuit will not affect the motion to dismiss and the moving party’s right to attorney’s fees, cost and sanctions. But there are exceptions.
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A Motion for Sanctions is not a “Legal Action” under the Texas Anti-SLAPP, TCPA LAW
Seeking sanctions for misconduct in litigation, including the filing of an allegedly frivolous or groundless lawsuit, is not a legal action under the Texas Anti-SLAPP, TCPA law.
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Under the Texas Anti-SLAPP Law, Attorney Immunity Doesn’t Apply to Suits by Clients
Under the Texas Anti-SLAPP, TCPA law, attorney immunity does not apply if the suit is a client suing. Attorney immunity only applies to suits by non-clients.
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Attorney Immunity Under the Texas Anti-SLAPP, TCPA Law
You can’t sue the attorney on the other side for actions that a lawyer normally does in the process of representing his client. If you do, you will have a TexasAnti-SLAPP motion to dismiss filed against you.
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Rule 91a Motions and Motions to Transfer are not Legal Actions under the TCPA
The San Antonio appeals court ruled that the Texas Anti-SLAPP, TCPA, statute did not apply to a motion to transfer and a motion to dismiss under Rule 91a because they are not legal actions as defined in the statute..
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Suit to Remove Trustee as a Texas Anti-SLAPP, TCPA Claim
The appeals court assumed without deciding that the Texas Anti-SLAPP, TCPA applied to this suit to remove a co-trustee.
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Effect of Special Exceptions on Filing Deadlines in a TCPA Claim
The Texas Anti-Slapp statute (TCPA)- what is it? Background In Borderline Mgmt. v. Ruff,...
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