Texas anti-SLAPP

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Background In K&L Gates, LLP v. Quantum Materials Corp, 13-19-00138-CV (Tex. App. – Austin 2020, no pet. h.) (mem. op.) the court had to decide if the attorney immunity doctrine applied to a suit by clients against a law firm. Facts Quantum Materials sued K&L Gates, their former lawyers. K&L filed a motion to dismiss under the Texas Anti-SLAPP, TCPA law. K&L Gates represented Quantum Materials. It is undisputed that K&L Gates represented Quantum…
Background In Moore vs. Anson Financial, Inc. 02-19-00201-CV, (Tex. App. – Fort Worth 2020, no pet.) (mem. op.), Anson Financial, Inc. was involved in a lawsuit against a former employee/attorney, Ghrist. Moore was Ghrist’s attorney. Anson filed suit against Moore alleging a civil conspiracy to help Ghrist breach his fiduciary duty as Anson’s former attorney. Anson alleged that through the conspiracy, Moore was helping Ghrist harm Anson in multiple ways. Moore filed a motion…
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 Guardianship of James E. Fairley, 04-19-00196-CV (Tex. App. – San Antonio 2020, no pet. h). Facts In this case, a daughter of Fairley, filed a wrongful death suit against her sister and Fairley’s widow…
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 moved to dismiss the lawsuit under the Texas Citizens Participation Act (the Act), asserting the lawsuit was based on, related to, or was in response to the exercise of his right to free speech and…
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 time limits under the Texas Citizens Participation Act (TCPA), often referred to as the Texas Anti-Slapp statute. Facts Ruff originally sued her son, Michael. An arbitration panel awarded her $49,000,000.00 and imposed a constructive trust…
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 site was to post information about most of the Texas anti-slap cases that were being decided by the courts. That intent was overwhelmed by the large number of cases being decided, particularly those dealing with…
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. seq.  Case McGibney v. Rauhauser, 549 S.W.3d 816 (Tex. App.—Fort Worth 2018, pet. denied). Plaintiff filed a suit for defamation against defendant. Defendant filed a motion to dismiss under the Texas anti-SLAPP, TCPA,…
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 of Encore Enterprises, Inc. He reported to the Chairman and to the CEO that a transaction did not qualify for tax benefits and that it may lead to criminal liability for tax fraud. He was…
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 Lie, et. al. v. NPIC, 05-18-01014-CV, (Tex. App. – Dallas June 21, 2019, no p. h.) This is a trade secrets, non-compete, etc. case. After the case was filed, there was a temporary injunction…
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 of public concern). Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. § 27.001 et. seq.  Case Stroud v. Clearview Energy, 05-18-00729-CV (Tex. App. – Dallas May 1,…