Sean Lemoine

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Back in June I wrote about Superior Health Plan v. Badawo, were the defendants asserted the plaintiff’s claim for injury to an infant denied medical care was an assault on the defendants’ rights under the TCPA. https://www.antislapptexas.com/blog/2019/6/4/does-the-texas-anti-slapp-protect-a-billion-dollar-medicaid-insurance-provider-for-denial-of-payment-of-healthcare-services-its-in-the-hands-of-the-austin-court-of-appeals The Austin Court of Appeals took little time (and spent even less ink) rejecting the appeal, applying the bodily injury exception under Section 27.010(c). Badawo asserts throughout her live petition that she seeks recovery for “brain damage and…
We are getting closer (hopefully) to a definitive interpretation from the Texas Supreme Court on “Right of Association.” The Texas Supreme Court would have issued an opinion on Elite Auto Body (probably in 2018), which is the precursor to Grant v. Pivot Technology. But Elite Auto Body settled prior to merits briefing and its taken almost a year for Grant to work its way up to merits briefing at the TSC. On August 20 we…
We are getting closer (hopefully) to a definitive interpretation from the Texas Supreme Court on “Right of Association.” The Texas Supreme Court would have issued an opinion on Elite Auto Body (probably in 2018), which is the precursor to Grant v. Pivot Technology. But Elite Auto Body settled prior to merits briefing and its taken almost a year for Grant to work its way up to merits briefing at the TSC. On August 20 we…
With one month left until the new changes to the Texas Anti-Slapp go into effect, two opinions from the Dallas and Houston COA prove it can still leave a solid hoof print on ill-advised defamation claims.   The Dallas COA closed out July 2019 affirming a dismissal under the Texas Anti-Slapp in  Mazaheri v. Tola, CA. No. 05-18-01367-CV (Dallas COA July 31, 2019), a defamation case concerning a negative review on social media about a…
Smith Robertson, L.L.P. v. Hamlin, CA NO. 03-18-00754-CV (Austin COA July 11, 2019) stands for the proposition that failure to understand the TCPA can create a serious, self-inflicted wound.  An Arizona judgment was entered against one of the plaintiffs in 1999 for failure to pay dues on a gym membership (in the amount of $1272.08).  Because the plaintiff moved to Texas a law firm was hired to domesticate/record the judgment in 2014.  In 2016, the…
My apologies to my readers for my absence but it’s the end of little league baseball season. Sadly, this weekend is our final tournament as a 13 AA team, so it’s big boy baseball (full on 60/90 bases) after this Tuesday. I’ll have more time to dork out on the TCPA the rest of the summer. My insomnia was in high gear so I’m working through about twenty Texas Anti-Slapp opinions. I’ve read them all…
Regardless of the changes coming on Sept. 1, 2019 when HB 2730 goes into effect, the Texas Anti-Slapp will continue to serve as an effective deterrent to those unwisely retaliating against individuals speaking out on matters of public concern (whatever the Court’s decide that means over the next two years). For now, we have Baumgart v. Archer, Ca. No. 01-18-002980-CV (Houston COA June 27, 2019) and Day v. Federation of State Medical Boards of the…
So during the Q&A session of my CLE on Texas Anti-Slapp someone asked me if I had seen the GeoMet opinion that the Texas Supreme Court just released (as in this a.m. on June 14). While I had not, I did watch the oral argument a few months back and I expected the result, but not footnote 2. This one takes a little explaining. The appeal mechanism (Tex. Civ. Prac. & Rem. Code 51.014(b)) for…
Come find out this Friday as I give a speech on the Texas Anti-Slapp, including covering some of the significant changes that will take affect on September 1, 2019! Backhanded in Texas: How the Texas Anti-SLAPP Statute May Only Sting June 14, 2019 Belo Mansion12:00 p.m.Dallas, Texas Sean LemoineWick Phillips Gould & Martin, LLPwww.wickphillips.comwww.antislapptexas.com…