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
Tag: Texas Anti Slapp
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 Supreme Court discusses the Texas anti-SLAPP, TCPA, law, contracts and the parol evidence rule.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.
Rep. Jeff Leach, Judiciary & Civil Jurisprudence (Chair), had introduced HB 2730 which makes major changes to the Texas anti-SLAPP, TCPA, law. The bill as introduced would gut the TCPA. After a hearing where he and other members heard from individuals and groups who oppose his revisions, Leach said he wanted to keep the protections of the bill but agreed to make changes.Read More
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
Is Texans for Lawsuit Reform behind the Attempt to Reform the Texas anti-SLAPP, TCPA, Law The...Read More
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