Anti-Slapp Texas turned one year old on December 30, 2019. I kind of dropped off posting towards the end of the year, finishing out a couple of Anti-Slapp fights of my own that are headed to appeals.
Here is the
Continuing our December theme of Right to Petition cases, the Fort Worth COA weighs in on whether an absence of communication can trigger TCPA protection in a legal malpractice claim. In Ray v. Fikes, No. 02-19-00232-CV, 2019 WL 6606170 (Ft.
In Chandni I, Inc. et al, v. Patel, No. 08-18-00107-CV, 2019 WL 6799747 (El Paso COA Dec. 2019), the El Paso Court of Appeals rejected the assertion that a statutory demand to inspect books and records is not entitled to
There are limits to the TCPA, and the San Antonio COA became the second Texas COA, joining Dallas, in rejecting an attempt to Anti-Slapp a subpoena. See Greiner v. Womack, No. 04-19-00525-CV (San Antonio COA Oct. 23, 2019). The opinion
Brown Sims, P.C. v. L.W. Matteson, Inc., No. 04-18-00596-CV (San Antonio COA 2019) may be the first application of the Texas Anti-Slapp to a legal malpractice claim.* It’s certainly the first spider bite case that led to the use of
On October 11, 2019, the Austin Court of Appeals upheld the denial of Alex Jones’ Texas Anti-Slapp motion in Alex E. Jones; lnfowars, LLC; and Free Speech Systems, LLC, v. Scarlett Lewis, NO. 03-19-00423-CV (Austin COA Oct. 11, 2019).
The
There are 370 opinions that use the phrase “Texas Citizens Participation Act” in the Texas state Westlaw database, and not one of them has held the TCPA unconstitutional.** The Fifth District has 81 opinions, rivaled only by combining the two
Well sports fans, it took awhile, but the Fifth Circuit has rejected the application of the Texas Anti-Slapp in federal court in diversity actions. I have a big hearing coming up that I’m studying for, but I may jot some
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
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