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With child-like glee I’ve been waiting to see the first TCPA opinion based on the 2019 changes (effective September 2019). First on the board is the Dallas COA with an opinion written by Justice David Evans in TERRI J. VAUGHN-RILEY, Appellant v. LAWAINNA PATTERSON, GID PORTER, PORTERHOUSE PRODUCTION, LLC AND GAP MARKETING GROUP, LLC, Appellees, 05-20-00236-CV, 2020 WL 7053651, at *3–4 (Tex. App.—Dallas Dec. 2, 2020, no pet. h.).  If the Old TCPA was a…
Well sports fans, it has been awhile. My “to blog about” folder runneth over, but between shuttling kids to events and the day to day grind of depositions/hearings/research and writings I have been lax in updates. But the Houston COA caught my eye with Buzbee v. Clear Channel Outdoor, LLC, NO. 14-19-00512-CV (Houston COA, [14th] Nov. 17, 2020). http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=d70e95a1-98d3-4461-b302-8ddebcd0c621&coa=coa14&DT=Opinion&MediaID=45f2352f-b083-4c64-959d-7f39407af504 The fact pattern is less relevant than the holding that pleadings cannot satisfy Step 2 (the…
I have literally 30 new TCPA cases sitting in a folder that I could write about, but with the malaise of COVID 19 combined with the statutory change in September 2019, none of them have intrigued me enough to write over the last few months.  And then into my bar walks a man with a chicken under his arm. Longtime readers may remember this:   “But have no fear, when the Austin COA renders its opinion,…
Texas First Amendment Practitioners know and utilize the Defamation Mitigation Act (“DMA”) Tex. Civ. Prac. & Rem. Code §§ 73.051-.062.  The DMA applies to all forms of defamation and provides statutory protections against and limitations on defamation claims.  The undecided question is, “if a plaintiff fails to comply with the DMA, do they lose the entire claim or just exemplary damages?” Here is the troublesome section of the statute . . .  Sec. 73.055.  REQUEST…
On Friday I had planned to write about Pisharodi v. Columbia Valley Healthcare Sys., L.P., 13-18-00364-CV, 2020 WL 2213951 (Corpus Christi COA May 7, 2020), another “first of its kind” TCPA case.*   And then along came In re. Praveen Panchakarla, and now Pisharodi is cast in a whole new light. https://www.antislapptexas.com/blog/2020/5/8/in-another-hair-raising-decision-the-texas-supreme-court-breathes-life-into-anti-slapp-reconsiderations-courts-of-appeals-get-ready-for-a-flood-of-new-appeals I’ll lead with the punchline –  the Corpus Christi COA holds that the parties can demand a jury trial on the issue of TCPA…
While I had hoped the Texas Supreme Court’s next Anti-Slapp opinion would resolve the ROA conflict, instead we get In re. Praveen Panchakarla, No. 19-0585 (Tex. May 8, 2020) which breathes new life into motions to reconsider the grant of Texas Anti-Slapp motions.* I blogged about this almost exactly a year ago when the Dallas COA issued a ruling granting a mandamus an ordering the trial court to reinstate a prior grant of a Texas…
The Dallas COA upheld the denial of a Texas Anti-Slapp in Equine Holdings, LLC v. Michael Jacoby, 05-19-00758-CV, 2020 WL 2079183 (Tex. App.—Dallas Apr. 30, 2020, no pet. h.).  The underlying suit was a breach of contract claim for indemnity under an LLC operating agreement.  The LLC filed a Texas Anti-Slapp under RFS and RTP.  The Dallas COA side stepped the application of the TCPA (Step 1) and moved to Step 2, did the non-movant…
The last day of April 2020 (and what a month it has been) brings 4 Texas Anti-Slapp Opinions.  Tomorrow I’ll cover the other two, but first up is a 67 page opinion from the Fort Worth COA in Phoung Nguyen et al v. Able Communications, Inc., No. 02-19-00069-CV (Ft. Worth COA April 30, 2020), reversing the trial court’s denial of a Texas Anti-Slapp motion. Phoung is another Garden Variety Non-Compete action, where the claims are…
First, i hope everyone is doing as well as can be expected in this turbulent time. Second, take care of yourselves and your family/friends/community. Third, my apologies for the hiatus. I’ve probably read over 50 Anti-Slapp opinions since the last post on January 4. I have some items in the hopper that are unique and will carry over until we get the first Post Sept. 2019 case. I don’t know if we will ever see…
Just before Christmas 2018 the Texas Supreme Court issued S & S Emergency Training Sols., Inc. v. Elliott on December 21, 2018.  Almost a year to the day, we get the 20th substantive opinion on the Texas Anti-Slapp with the issuance of Creative Oil & Gas, LLC v. Lona Hills Ranch, LLC, No. 18-0656, 2019 WL 6971659 (Tex. Dec. 20, 2019). Considering every day I get an update from Westlaw on five legal issues I’m…