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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…
Some blog posts just write themselves, so I present to you Belcher v. King and Kirwan, NO. 03-19-00222-CV (Austin COA). http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=b11a5e7c-a177-4110-9162-b27f493609fa&coa=coa03&DT=Order&MediaID=589e9064-a124-4c8f-9274-3d21ceee5e46 This riveting central Texas battle will truly add new meaning to “chickens coming home to roost.” Whether the Austin COA will cry feast of “fowl” on the Texas Anti-Slapp issues remains to be seen, but I will them set the stage with a little background from this long running, henpecked dispute. The Belchers and Gearys are…
Props to my wife for reminding me about the case of Linda Badawo v. Superior Healthplan, Inc. and William Brendle Glomb, MD, (pending in the 53rd District Court, Travis County, Texas). The Dallas Morning News has reported extensively about the terrible circumstances in which Superior refused to pay for round the clock nursing care for a foster baby, leading to severe brain damage when the baby pulled out his breathing tube and no nurse was…
As readers know, the Dallas COA is consistently rejecting ROA Texas Anti-Slapp Motions that are little more than private business disputes.  This is a conclusion the Dallas COA reached in Coleman I, and was not addressed by the Texas Supreme Court in Coleman II.  See ExxonMobil Pipeline Co. v. Coleman, 464 S.W.3d 841, 847 (Tex. App.—Dallas 2015) (Coleman I), rev’d on other grounds, Coleman II, 512 S.W.3d at 900–01 (Tex. 2017).  In Erdner v. Highland…