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Could Rosamund Pike Anti-Slapp Peter Dinklage? The Dallas Court of Appeals Raises and Leaves a Novel Issue Unanswered. Kind of.

Years ago I began reading about guardianship abuse cases and how elderly had their rights stripped from them by unscrupulous guardians using the judicial...
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Wick Phillips Moves into New Office Space in Dallas

Dallas, Texas, March 5, 2021 – Wick Phillips is pleased to announce the opening of its new Dallas office. The Dallas office remains at...
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I Hear that Train A Coming: New TCPA Chugs Into the New Year with an Application to a Choo Choo Dispute

Choctaw Constr. Services LLC v. Rail-Life R.R. Services, LLC, 01-20-00216-CV, 2020 WL 7702186 (Tex. App.—Houston Dec. 29, 2020, no pet. h.) provides a...
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Coal in Your Stocking? Promissory Note Lawsuit Over Failed Cybersecurity Venture is Not a Matter of “Public Concern” under the New TCPA.

As one First Amendment attorney I’m friends with once said to his detractors, “Try Harder!”  which is part of the takeaway from the 1st...

En Banc Ft. Worth COA Says “Sexual Predator” is Not Defamatory and Remands on a Reverse Rohrmoos Analysis

Mogged et al v. Lindamood et al, 02-18-00126-CV, 2020 WL 7074390 (Tex. App.—Fort Worth Dec. 3, 2020, no pet. h.)  started back in May...
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It Has Begun – Out with the Old TCPA Kraken, in with the New

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...
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“Man shall not live by pleadings alone,” so sayeth the Houston Court of Appeals.

Well sports fans, it has been awhile. My “to blog about” folder runneth over, but between shuttling kids to events and the day to...
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Twelve Wick Phillips Partners Recognized as 2020 Texas Super Lawyers

Dallas, Texas, October 19, 2020 – Erika Bright, Joseph Callister, David Drez, Andrew Gould, Jeffrey Hellberg, Jr., Amy LaValle, Sean Lemoine, Brant Martin, Daniel...
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The Austin COA Crows at Dawn – But this Cock-Up is Far from Over.

I have literally 30 new TCPA cases sitting in a folder that I could write about, but with the malaise of COVID 19...
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Fast on Their Feet, the Texas Supreme Court Side Steps Getting Tackled by the Defamation Mitigation Act.

Texas First Amendment Practitioners know and utilize the Defamation Mitigation Act (“DMA”) Tex. Civ. Prac. & Rem. Code §§ 73.051-.062.  The DMA applies to...
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You Get a Jury Trial, You Get a Jury Trial, You Get a Jury Trial – Did Texas Anti-Slapps Just Get More Expensive and Take Longer to get to a Final Judgment?

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...
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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.

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,...
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Boomerang – How Unleashing a Texas Anti-Slapp Can Go Very Wrong, Plus What is Admissible Evidence

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...
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Anti-Slapp is Alive and Well in the Fort Worth Court of Appeals

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...
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A Tale of Two Houstons – the Old Texas Anti-Slapp and Garden Variety Non-Compete Cases

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...
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A Missed Christmas Present for Me – the 20th Texas Supreme Court Opinion on the Texas Anti-Slapp.

Just before Christmas 2018 the Texas Supreme Court issued S & S Emergency Training Sols., Inc. v. Elliott on December 21, 2018.  Almost...
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How to Extend the 30 Day Deadline After the TCPA Hearing Occurs – Dusting Off a “Kind of” Old Alex Jones Texas Anti-Slapp Opinion

The TCPA has not been kind of Alex Jones as my dear readers know.  https://www.antislapptexas.com/blog/2019/10/12/a-swing-and-a-miss-with-the-texas-anti-slapp-by-alex-jonesBut this Jones opinion may have slipped under the...
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Anti-Slapp Texas Turns 1, 2020 Comes in with A Forehand to Two Lawsuits, plus How Long Until the First Sept. 2019 Texas Anti-Slapp Opinion?

Anti-Slapp Texas turned one year old on December 30, 2019.  I kind of dropped off posting towards the end of the year, finishing...
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Malpractice for Failure to Timely File a Lawsuit is Not a Communication Protected by the Right to Petition

Continuing our December theme of Right to Petition cases, the Fort Worth COA weighs in on whether an absence of communication can trigger...
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Shareholder Inspection Demand Does Not Trigger Texas Anti-Slapp

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...
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In a Non-Shocker – Another COA Confirms Subpoenas are NOT Slappable

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...
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A Spider Bite, a $40 Million Jury Verdict, Legal Malpractice, and the Texas Anti-Slapp

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...
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A Swing and a Miss with the Texas Anti-Slapp by Alex Jones.

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;...
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Eleven Wick Phillips Partners Recognized as 2019 Texas Super Lawyers

Press Release Eleven Wick Phillips Partners Recognized as 2019 Texas Super Lawyers Dallas, Texas, September 3, 2019 – Erika Bright, Andrew Gould, Jeffrey Hellberg, Jr., Amy...
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The Dallas Court of Appeals Shows the Back of the Hand to a Constitutional Challenge to the Texas Anti-Slapp

There are 370 opinions that use the phrase “Texas Citizens Participation Act” in the Texas state Westlaw database, and not one of them has...
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BAM!!! The Fifth Circuit KO’s the Texas Anti-Slapp.

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....
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The Austin Court of Appeals Rejects Insurance Provider’s Texas Anti-Slapp in Negligence Case

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...
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Pivot Technology files its Right of Association Briefing – Next Up – the Response on Aug. 20

We are getting closer (hopefully) to a definitive interpretation from the Texas Supreme Court on “Right of Association.” The Texas Supreme Court would have...
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Rusty O’Kane Honored by the Texas Bar Foundation

Dallas, Texas, July 16, 2019 – Litigation associate Rusty O’Kane has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows...
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Is that a Double Unicorn Sighting? Two New Opinions Prove the Texas Anti-Slapp Still Has Kick When it Comes to Defamation Claims.

With one month left until the new changes to the Texas Anti-Slapp go into effect, two opinions from the Dallas and Houston COA prove...
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The Texas Anti-Slapp and the World’s Most Expensive Gym Membership?

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...
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Insomnia and the Construction of an Order Denying an Anti-Slapp Appeal.

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...
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Two More Defamation Lawsuits Eat the Backhand of the Texas Anti-Slapp

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...
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With the Texas Supreme Court’s Refusal to Review Dyer, The Tea Leaves are Getting Clearer on the Fate of Grant v. Pivot Tech.

Readers of this blog know that the Dallas Court of Appeals has taken a strict view of the application of “Right of Association,” repeatedly...
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Time to Start Swearing in Witnesses to Testify before the Courts of Appeals During Appeals of Texas Anti-Slapp Motions.

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...
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What do Llamas, Lauten, and Les have in Common with the Texas Anti-Slapp?

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...
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This Texas Anti-Slapp Battle is Nothing to Squawk About!

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...
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Backhanded in Texas: How the Anti-SLAPP statute May Only Sting – June 14, 2019 Noon at the Belo in Dallas, Texas

On June 14, 2019, I’ll be discussing the Texas Anti-Slapp while also figuring out ways to turn Brian Lauten’s face red http://www.brianlauten.com/brian-patrick-lauten.html (Fun fact,...
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Does the Texas Anti-Slapp Protect a Billion Dollar Medicaid Insurance Provider for Denial of Payment of Healthcare Services? It’s in the Hands of the Austin Court of Appeals.

Props to my wife for reminding me about the case of Linda Badawo v. Superior Healthplan, Inc. and William Brendle Glomb, MD, (pending in...
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Another Denial of a “Right of Association” Texas Anti-Slapp Motion, but This One With a “Concurrence” and a Dissent.

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...
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Ch-ch-ch-ch-changes – Double Whammy for The Texas Anti-Slapp from Gov. Abbott and the Texas Supreme Court

On June 2, 2019, Gov. Abbott signed HB 2730. It will become law on September 1, 2019 (and does not apply retroactively).While this may...
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Texas Anti-Slapp Motions go 0-3 in the Houston Court of Appeals on May 30, 2019.

While the Dallas COA is currently taking a wrecking ball to Texas Anti-Slapp Motions, the Houston COA is getting in on the action, affirming...
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Is the Texas Supreme Court Planning on Addressing Right of Association in the Grant Pivot case?

Anti-Slapp practitioners know that Elite Auto Body LLC v. Autocraft Bodywerks, Inc., out the Austin COA, is the case that opened the flood gates...
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Is the Texas Supreme Court Planning on Addressing Right of Association in the Grant v. Pivot case?

Anti-Slapp practitioners know that Elite Auto Body LLC v. Autocraft Bodywerks, Inc., out the Austin COA, is the case that opened the flood gates...
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An Issue of First Impression: Can a Trial Court Reconsider its Anti-Slapp Ruling after Thirty Days Have Passed? The Dallas Court of Appeals says No!

The Dallas COA addressed an issue that I am pretty sure is a matter of first impression in Texas: Can a trial court reverse...
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Texas Anti-Slapp – Strongest Anti-Slapp Statute in the United States No More?

Well sports fans, it appears the Texas Anti-Slapp is destined for some significant changes. HB 2730 passed out of the Senate and is now...
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Half-way Through May and Texas Anti-Slapp Motions Go 0 for 5 before the Dallas Court of Appeals.

Readers may recall I raised the question of how changes in the makeup of the Dallas COA would affect Texas Anti-Slapp Motions.https://www.antislapptexas.com/blog/2019/2/13/how-will-the-texas-anti-slapp-fare-under-the-new-dallas-coaI blogged about...

Application of Texas Anti-Slapp to Tex. R. Civ. P. 202 Petition Called into Question.

In Cares  v. Fortier, NO. 01-18-00071-CV, 2019 WL 2041325 (Houston COA May 2019) the Houston COA held that the Texas Anti-Slapp does not...
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The Texas Supreme Court Issues A New Texas Anti-Slapp Opinion, But What it Didn’t Write About May Be More Important!

On Friday the Texas Supreme Court issued Dallas Morning News, Inc. v. Hall, 17-0637, 2019 WL 2063576 (Tex. May 10, 2019), reversing the Fort...
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Dallas Court of Appeals Slaps Down a Texas Anti-Slapp Appeal Based on the Plaintiff’s Communications

In Encore Enterprises, Inc. v. Maresh Shetty, Ca. No. 05-18-00511 (Dallas COA 2019), the Dallas COA upheld the trial court’s denial of a Texas...
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Yogi Berra Makes His First Appearance in the Texas Anti-Slapp Wars as the Fort Worth Court of Appeals Goes Once More Into the Breach on a Scope of Permissible Discovery Opinion.

The Fort Worth COA issued In re SSCP Management, Inc., No. 02-19-00098-CV, 2019 WL 1758502  --- S.W.3d ---- (Ft.  Worth COA 2019), a mandamus...
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Eastland Court of Appeals Holds There Is No Thing as Texas Anti-Slapp on Texas Anti-Slapp Violence.

In Deepwell Energy Services, LLC v. Aveda Transportation, et al, No. 11-18-00265-CV, (Eastland COA 2019), the Eastland COA joined the 1st and 14th Houston...
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Guess Whose Back, Back Again? The Texas Supreme Court’s Back with a Texas Anti-Slapp Opinion. Tell a Friend.

I’ve been on hiatus for a few weeks. I’ll be posting some new opinions this weekend, but nothing shocking has occurred over the last...
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Rachel Sam and Jeff Mills Elevated to Partner

Dallas, Texas, March 19, 2019 – Wick Phillips announces the promotion of Jeff Mills and Rachel Sam as new Partners of the Firm. “Rachel...
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Media Groups Come Out Swinging Against Changes to the Texas Anti-Slapp

With three Texas House Bills advocating changes to the Texas Anti-Slapp the full court press on legislators is on. https://www.antislapptexas.com/blog/2019/3/13/the-future-of-the-texas-anti-slapp-is-here Anyone that follows...
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A Pair of Opinions from the Houston COA Serve as a Reminder – Timing is Everything Under the Texas Anti-Slapp

Montiel v. Eduardo, 2019 WL 1186695 (Houston COA 2019) serves as a reminder to properly calendar and pursue interlocutory appellate remedies under the Texas...
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The Future of the Texas Anti-Slapp is Here! But What Will it Be?

Here are the 3 House Bills that are proposing amendments to the Texas Anti-Slapp. I’ve also created a table (using my short hand) to...
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BAM!!!! The Dallas Court of Appeals Comes Out With It’s First Substantive Opinion on the Texas Anti-Slapp

Greetings from The Big Texan in Amarillo, where I’ve stopped to have lunch!Texas Anti-Slapp practitioners need to know the newly constituted Dallas COA has...
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TLR Comes Out Swinging Against the Texas Anti-Slapp

TLR has come out swinging about the breadth of the Texas Anti-Slapp, circulating an 18 page paper to Texas legislators. The paper certainly raises...
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Three New Opinions on Texas Anti-Slapp, including the Dallas COA finally getting on the board in 2019.

The week of February 25, 2019 was relatively busy for Texas Anti-Slapp opinions, but no new ground was broken. First up, Judge David Godbey...
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Will the Atomic Bomb the Ft. Worth COA Just Dropped on Texas Anti-Slapp’s Right of Association Definition be the Tail that Wags the Dog up to the Texas Supreme Court?

Thethird 2019 Texas COA opinion comes from the Fort Worth COA in Kawcak v. Antero Resources Corporation,  Ca. No. 02-18-00301-CV (Ft. Worth COA...
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Home Developer’s $10 Million Tortious Interference Lawsuit Derailed (for now) by Texas Anti-Slapp.

Back in March 2018, a Dallas home builder filed a $10 million lawsuit in Megatel Homes III LLC v. United Development Funding LP et...
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Is a Hospital Lien Dispute Subject to Texas Anti-Slapp – Personal Injury Attorneys Get Guidance from the Tyler COA in 2019.

The Tyler COA is on the board early in 2019 with an interesting opinion that could have ripple effects on hospital lien disputes. ETX...
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While We Wait for the Fifth Circuit’s Ruling on Whether Texas Anti-Slapp Applies in Federal Court, What is the 2018/19 Trend in Texas Federal District Courts?

One of my first blog posts dealt with application of the Texas Anti-Slapp in the Fifth Circuit. https://www.antislapptexas.com/blog/2018/12/30/the-texas-anti-slapp-and-federal-courts The Fifth Circuit has at least...
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How will the Texas Anti-Slapp fare Under the New Dallas COA?

This past November eight new judges (all Democrats) were elected to the Dallas Court of Appeals. While the Dallas COA has yet to issue...
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And One to Grow On – Updating the 2018 Dallas COA chart to 19 Opinions

A reader emailed me to point out I missed Vodicka v. A.H. Belo Corporation, No. 05-17-00728-CV (Dallas COA 2018), where the Dallas COA upheld...
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The Little Blog that Could – Welcome to LexBlog and Top 10 Blogs of the week on Texas Bar Today!

www.antislapptexas.com is on now on https://www.lexblog.com/site/texas-anti-slapp-blog/ and was selected as one of the top 10 blog posts on Texas Bar Today for https://www.antislapptexas.com/blog/2019/2/7/oklahoma-federal-court-enters-the-does-anti-slapp-apply-in-federal-court-scrum ...
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The Houston COA Gets on the Board with its First Texas Anti-Slapp Opinion of 2019 – Reminding Everyone to Pay Attention to the Interlocutory Appeal Rules

In Humberto Leniek v. Evolution Well Services, LLC, NO. 14-18-00954-CV, 2019 WL 438825 (Houston COA 2019), the Houston COA dismissed an appeal where the...
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The Opinion Applying Anti-Slapp in Federal Court No One Has Heard Of.

In Craig PC Sales & Service, LLC v. CDW Government, LLC, Case No. CIV-17-003-F, 2018 WL 4861522 (W.D. OK April 30, 2018), Senior Judge...
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How did Trial Court Rulings on the Texas Anti-Slapp do in the Dallas Court of Appeals in 2018?

The Dallas COA issued eighteen (18) opinions involving Texas Anti-Slapp, one of which was withdrawn and superseded.  Demonstrating the complexity of the statute,...
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The Texas Supreme Court Gets on the Board Early with a “Non-Opinion” on the Applicability of the Texas Anti-Slapp to TRCP 202 (Pre-Suit Depositions)

Texas Rule of Civil Procedure 202 allows a litigant to take pre-suit depositions to investigate claims and/or preserve evidence prior to actually  filing a...

Oklahoma Court of Appeals Looks to Cases Interpreting the Texas Anti-Slapp

The Oklahoma Citizens Participation Act (“OCPA”) is substantially similar to the Texas Anti-Slapp, and recently in Southwest Orthopaedic Specialists, P.L.L.C. v. Allison, Case No....
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Texas Supreme Court- 2018 Year in Review (Part 5 of 5): Starside

Adams v. Starside Custom Builders, LLC, 547 S.W.3d 890 (2018) was the first Texas Ant-Slapp opinion of 2018, and the last in our review. ...

New Texas Anti-Slapp Practice Group Area at Wick Phillips

https://www.wickphillips.com/practices/texas-anti-slapp/
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How Long Does it Take to Wind Through the Texas Anti-Slapp Appeal Process? The Starside Case Odyssey.

Adams v. Starside Custom Builders, LLC (547 S.W.3d 890) will be the Fifth (and last) TSC opinion of 2018 that I’ll cover (in a...
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Texas Supreme Court- 2018 Year in Review (Part 4 of 5): Youngkin – Affirmative Defenses can be Deadly

Youngkin v. Hines, 546 S.W.3d 675 (2018) is a case study on the impact of how an affirmative defense can kill a claim before...
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Texas Supreme Court- 2018 Year in Review (Part 3 of 5): Castleman, the Commercial Speech Exemption, and Abatecola.

Castleman v. Internet Money Limited, 546 S.W.3d 684 (Tex. 2018) is arguably the most important decision by the TSC on the Texas Anti-Slapp in...
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Neiman Marcus walks into the Texas Anti-Slapp

Marble Ridge has accused Neiman Marcus of a $1 billion fraudulent transfer. NM recently responded with a defamation counterclaim, walking squarely into the teeth...
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Texas Supreme Court- 2018 Year in Review (Part 2 of 5): State ex. rel. Best

In State ex rel. Best v. Harper, 16-0647, 2018 WL 3207125 (Tex. June 29, 2018), reh'g denied (Dec. 21, 2018), opinion corrected and superseded...
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Is a Pre-suit demand a set up for an Anti-Slapp Motion under the Right to Petition?

So you are in a dispute with another party and they send you a pre-suit demand? You end up suing and the defendant files...
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What Happens after the Texas Anti-Slapp Motion is Granted or Denied? It’s Way More Complicated than You Think.

A trial court’s decision to grant or deny the Texas Anti-Slapp Motion creates a cascade effect of different scenarios that can impact the lawsuit...
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How Far Across the Judicial Road Does the Texas Anti-Slapp Statute Stretch?

Derek Gaskamp et al v. WSP USA, Inc. (NO. 01-18-00079-CV), highlights both the breadth and complexity of the Texas Anti-Slapp.  Three plaintiffs brought claims...
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Timing is Everything in the Texas Anti-Slapp

The Texas Anti-Slapp has specific timing components that a practitioner should strictly follow.  First, you have 60 days to file a motion to dismiss...
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Texas Supreme Court 2018 Year in Review (Part 1 of 5) S&S Emergency Training

In 2018, the TSC issued five opinions on the Texas Anti-Slapp and I’ll address them in reverse order of issuance over the next week....
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Happy Texas-Anti-Slapp Holidays – Thirteen Opinions Issued in December 2018!

Happy Holidays from the Texas Courts of Appeals, as thirteen decisions were issued touching on Anti-Slapp issues, including one from the Texas Supreme Court,...
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The Texas Anti-Slapp and Federal Courts

Given my prior post about the Stormy Daniels decision, it might come as a surprise that the applicability of the Texas Anti-Slapp statute in...
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How a Presidential Antagonist and Presidential Donor Both Got Anti-Slapped in 2018!

Recently, the Texas Anti-Slapp exploded onto the national scene when the Stormy Daniels defamation lawsuit against President Donald J. Trump was dismissed pursuant to...