Background
The 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. In the
The Texas Anti-Slapp statute (TCPA)- what is it?
Background
In Ramirez v. Rodriguez, 04-19-00618-CV (Tex. App. -San Antonio, Feb. 19, 2020 no pet. h) (mem. op.), three co-trustees of a Trust sued to remove Santiago, a fourth co-trustee. Santiago
The Texas Anti-Slapp statute (TCPA)- what is it?
Background
In Borderline Mgmt. v. Ruff, 11-19-00152-CV, (Tex. App. – Eastland 2020, no pet.) (mem. op.), the appeals court had to decide if a sustained special exception had an effect on
The Texas Anti-Slapp statute (TCPA)- what is it?
New 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.
Background
My original intent on this
Legal Action
Plaintiff sued defendant for defamation.
Communication
Defendants postings on a website.
Right Involved
Defendant’s exercise of the right of free speech.
Background
Statute
Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. § 27.001 et.
Background
Statute
Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. § 27.001 et. seq.
Case
Encore Enterprises, Inc. v. Shetty, 05-18-00511-CV, (Tex. App. – Dallas April 29, 2019, no pet. h.)
Shetty was the CFO
Legal Action
Trade secrets, non-compete, etc.
Communication
Discussions, deposition testimony, emails, etc.
Right Involved
Freedom of speech, association and petition.
Background
Statute
Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. § 27.001 et. seq.
Case
Legal Action
Clearview sued Stroud for breach of contract, fraud, breach of fiduciary duty and breach of non-compete agreement.
Communication
An email that Stroud sent to Clearview’s CEO.
Right Involved
Stroud’s freedom of speech (which must be about a matter
Legal Action
Johns filed a motion for sanctions alleging discover abuse.
Communication
Not discussed because there was no “legal action.”
Right Involved
Not discussed because there was no “legal action.”
Background
Statute
Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC.
Background
The underlying suit was for trade secret misappropriation, breach of fiduciary duty, and related claims. The defendants filed a Texas anti-SLAPP, TCPA, motion to dismiss. Meanwhile, the plaintiff moved for contempt and for a temporary injunction to preserve their