IRS Announces Tax Deadline Extension
IRS Announces Tax Deadline Extension
Earlier this week, as part of the efforts to curb the economic fallout of the coronavirus, the IRS announced that they were extending the...
FFCRA Update
FFCRA Update
PASSAGE OF FAMILIES FIRST CORONAVIRUS RESPONSE ACT OF 2020 With yesterday’s passage of the Families First Coronavirus Response Act of 2020, Congress has now enacted...
Coronavirus (COVID-19) Losses and the Potential for Business Interruption Insurance Coverage
Coronavirus (COVID-19) Losses and the Potential for Business Interruption Insurance Coverage
Coronavirus (COVID-19) Losses and the Potential for Business Interruption Insurance Coverage
Organizations worldwide are experiencing the financial impacts of the coronavirus (COVID-19), raising the question...
Eight Wick Phillips Attorneys Recognized as 2020 Texas Rising Stars by Super Lawyers®
Eight Wick Phillips Attorneys Recognized as 2020 Texas Rising Stars by Super Lawyers®
Dallas, Texas, March 6, 2020 – Michael Bailey, Noah Nadler, Molly Jones, Jeff Mills, Nick Nelson, Ethan Minshull, Zachary Farrar, and Schyler Parker have...
A Missed Christmas Present for Me – the 20th Texas Supreme Court Opinion on the Texas Anti-Slapp.
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...
How to Extend the 30 Day Deadline After the TCPA Hearing Occurs – Dusting Off a “Kind of” Old Alex Jones Texas Anti-Slapp Opinion
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...
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 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...
Malpractice for Failure to Timely File a Lawsuit is Not a Communication Protected by the Right to Petition
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...
Shareholder Inspection Demand Does Not Trigger Texas Anti-Slapp
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...
Wick Phillips Included in 2020 Edition of U.S. News – Best Lawyers® “Best Law Firms”
Wick Phillips Included in 2020 Edition of U.S. News – Best Lawyers® “Best Law Firms”
Dallas, Texas, November 1, 2019 – The 2020 Edition of U.S. News – Best Lawyers “Best Law Firms” has ranked Wick Phillips among top...
In a Non-Shocker – Another COA Confirms Subpoenas are NOT Slappable
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...
A Spider Bite, a $40 Million Jury Verdict, Legal Malpractice, and the Texas Anti-Slapp
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...
A Swing and a Miss with the Texas Anti-Slapp by Alex Jones.
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;...
Eleven Wick Phillips Partners Recognized as 2019 Texas Super Lawyers
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...
Your amended petition relates back—unless it doesn’t. When “changing hats” kills the relation back doctrine.
Your amended petition relates back—unless it doesn’t. When “changing hats” kills the relation back doctrine.
Cooke v. Karlseng, No. 05-18-00206-CV, 2019 WL 3812060 (Aug. 14, 2019), is the fourth appeal on a case originally filed in 2006. Thus–as one...
There is no place like home – Fifth Circuit clarifies citizenship vs. residence for diversity
There is no place like home – Fifth Circuit clarifies citizenship vs. residence for diversity
The Fifth Circuit Court of Appeal issued its opinion in Midcap Media Finance, L.L.C. v. Pathway
Data, Incorporated, Number 18-50650 that remanded the case to...
The Dallas Court of Appeals Shows the Back of the Hand to a Constitutional Challenge to the Texas Anti-Slapp
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...
BAM!!! The Fifth Circuit KO’s the Texas Anti-Slapp.
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....
Ten Wick Phillips Attorneys Recognized for Inclusion in The Best Lawyers in America© 2020 Edition
Ten Wick Phillips Attorneys Recognized for Inclusion in The Best Lawyers in America© 2020 Edition
Dallas, Texas, August 15, 2019 – Michael Bailey, Erika Bright, Chris Fuller, Andrew Gould, Brett Myers, Noah Nadler, Bryan Wick, David Drez, Brant Martin,...
The Austin Court of Appeals Rejects Insurance Provider’s Texas Anti-Slapp in Negligence Case
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...
Pivot Technology files its Right of Association Briefing – Next Up – the Response on Aug. 20
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...
Rusty O’Kane Honored by the Texas Bar Foundation
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...
Is that a Double Unicorn Sighting? Two New Opinions Prove the Texas Anti-Slapp Still Has Kick When it Comes to Defamation Claims.
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...
The Texas Anti-Slapp and the World’s Most Expensive Gym Membership?
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...
Insomnia and the Construction of an Order Denying an Anti-Slapp Appeal.
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...
Texas Supreme Court mandates specific evidence to support sanction award
Texas Supreme Court mandates specific evidence to support sanction award
The Texas Supreme Court recently remanded a sanctions award
back to the trial court for insufficient evidence. In Nath v. Tex.
Children’s Hospital et. al., No....
I just called…to say…that this phone call is insufficient to establish personal jurisdiction
I just called…to say…that this phone call is insufficient to establish personal jurisdiction
The
Fourteenth Court of Appeals reversed the trial court’s order denying a special
appearance and rendered judgment dismissing the case for lack of personal jurisdiction.
The Court...
Two More Defamation Lawsuits Eat the Backhand of the Texas Anti-Slapp
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...
With the Texas Supreme Court’s Refusal to Review Dyer, The Tea Leaves are Getting Clearer on the Fate of Grant v. Pivot Tech.
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...
Time to Start Swearing in Witnesses to Testify before the Courts of Appeals During Appeals of Texas Anti-Slapp Motions.
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...
What do Llamas, Lauten, and Les have in Common with the Texas Anti-Slapp?
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...
This Texas Anti-Slapp Battle is Nothing to Squawk About!
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...
Backhanded in Texas: How the Anti-SLAPP statute May Only Sting – June 14, 2019 Noon at the Belo in Dallas, Texas
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,...
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.
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...
Another Denial of a “Right of Association” Texas Anti-Slapp Motion, but This One With a “Concurrence” and a Dissent.
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...
Ch-ch-ch-ch-changes – Double Whammy for The Texas Anti-Slapp from Gov. Abbott and the Texas Supreme Court
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...
Texas Anti-Slapp Motions go 0-3 in the Houston Court of Appeals on May 30, 2019.
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...
Is the Texas Supreme Court Planning on Addressing Right of Association in the Grant Pivot case?
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...
Is the Texas Supreme Court Planning on Addressing Right of Association in the Grant v. Pivot case?
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...
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!
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...
Texas Supreme Court Denies Contract Formation Using Course of Conduct
Texas Supreme Court Denies Contract Formation Using Course of Conduct
The Texas Supreme Court issued its opinion in McAllen Hospitals, L.P. et al. v. Yolanda Lopezet al., 17-0733, 2019 WL 2147252, and reversed an...
Texas Anti-Slapp – Strongest Anti-Slapp Statute in the United States No More?
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...
Half-way Through May and Texas Anti-Slapp Motions Go 0 for 5 before the Dallas Court of Appeals.
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...
The Price Is Not Always Right—Fort Worth COA Takes a Close Look At Contract Formation
The Price Is Not Always Right—Fort Worth COA Takes a Close Look At Contract Formation
The Fort Worth Court of Appeal issued its opinion in Musallam v. Ali, Number 02-16-00282-CV, and upheld a jury award of $904,924 to Ali...
Failure to Put “Manager” Under a Signature Block Results in Personal Liability of Nearly $500,000 Dollar Debt
Failure to Put “Manager” Under a Signature Block Results in Personal Liability of Nearly $500,000 Dollar Debt
The Dallas Court of Appeals recently affirmed the trial court’s judgment to uphold a $492,664.42 debt against the individual, Jay LaFrance, where he signed...
Application of Texas Anti-Slapp to Tex. R. Civ. P. 202 Petition Called into Question.
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...
The Texas Supreme Court Issues A New Texas Anti-Slapp Opinion, But What it Didn’t Write About May Be More Important!
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...
The Dallas Court of Appeals Refuses to Expand the Scope of an Arbitration Clause Under Non-Disclosure Agreements.
The Dallas Court of Appeals Refuses to Expand the Scope of an Arbitration Clause Under Non-Disclosure Agreements.
The Dallas Court of Appeals affirmed the trial court’s ruling denying a motion to compel arbitration because the arbitration clause in two non-disclosure agreements...
EEOC Age Discrimination and Retaliation Suit Leads to $150,000 in Damages and over $700,000 in Attorneys’ Fees Against Employer.
EEOC Age Discrimination and Retaliation Suit Leads to $150,000 in Damages and over $700,000 in Attorneys’ Fees Against Employer.
The Houston Court of Appeals issued its opinion in Apache Corporation v. Cathryn C. Davis,
No. 14-17-00306-CV and upheld a jury award of $150,000 to...
Texas Supreme Court Reverses Award of Attorneys’ Fees Sanctions Under Rule 215.4 Where the Defendant Does Not Make Appropriate Admissions.
Texas Supreme Court Reverses Award of Attorneys’ Fees Sanctions Under Rule 215.4 Where the Defendant Does Not Make Appropriate Admissions.
In Medina v. Zuniga, No.: 17-0498, the
Texas Supreme Court reversed and rendered judgment that the trial court abused
its discretion in awarding sanctions. The case...
Texas Supreme Court Weighs in On Commercial/Landlord Tenant Dispute with Over One Million in Attorneys’ Fees on the Line.
Texas Supreme Court Weighs in On Commercial/Landlord Tenant Dispute with Over One Million in Attorneys’ Fees on the Line.
The Texas Supreme Court released Rohrmoos Venture v. UTSW
DVA Healthcare, No. 16-006 (Tex. Apr. 26, 2019), which involved a
commercial landlord (Rohrmoos Venture) and tenant...
Fifth Circuit Holds A Party Can Waive the Challenge to the Composition of an Arbitration Panel.
Fifth Circuit Holds A Party Can Waive the Challenge to the Composition of an Arbitration Panel.
The United States Fifth Circuit
Court of Appeals recently issued an opinion on the failure to object to the composition
of an arbitration panel that serves...
Dallas Court of Appeals Slaps Down a Texas Anti-Slapp Appeal Based on the Plaintiff’s Communications
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...
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.
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...
Application of Real Estate “Industry Standards” Results in Reversal of a Fraud Based Jury Verdict
Application of Real Estate “Industry Standards” Results in Reversal of a Fraud Based Jury Verdict
The Dallas Court of Appeals recently reversed a jury’s
finding of fraud based, in part, on the defendant’s adherence to real estate industry
standards concerning the...
Eastland Court of Appeals Holds There Is No Thing as Texas Anti-Slapp on Texas Anti-Slapp Violence.
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...
Forfeit Your Entity Charter – Lose Your Right to Bring a Law Suit in Texas.
Forfeit Your Entity Charter – Lose Your Right to Bring a Law Suit in Texas.
The Twelfth Court of Appeals affirmed the trial court’s
ruling that an entity is barred from bringing a lawsuit more than three years
after it forfeits...
Texas Supreme Court continues to hold that merger clauses alone do not defeat fraudulent inducement claims.
Texas Supreme Court continues to hold that merger clauses alone do not defeat fraudulent inducement claims.
The Texas Supreme Court recently issued its opinion in Int’l
Bus. Machines Corp. v. Lufkin Indus., LLC, 17-0666 (Tex. Mar. 15, 2019),
clarifying existing law relative...
Texas Supreme Court Limits Fraudulent Inducement Claims When Allegations Contradict Contract Language
Texas Supreme Court Limits Fraudulent Inducement Claims When Allegations Contradict Contract Language
In Mercedes-Benz
USA LLC et al. v. Carduco Inc. dba Cardenas Metroplex, No. 16-0644, the
Texas Supreme Court further limited fraudulent inducements claims. It
determined that a...
Non-disclosed connections with counsel, including past campaign donations, are insufficient to disqualify an arbitrator.
Non-disclosed connections with counsel, including past campaign donations, are insufficient to disqualify an arbitrator.
In Sebastian v. Bliss
Builders, Inc., (No. 09-18-00223-CV) the Sebastians appealed the trial
court’s order vacating their arbitration award against Bliss Builders arising
out of a residential...
Guess Whose Back, Back Again? The Texas Supreme Court’s Back with a Texas Anti-Slapp Opinion. Tell a Friend.
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...
Super Lawyers Names Nine Wick Phillips Attorneys to Rising Stars List
Super Lawyers Names Nine Wick Phillips Attorneys to Rising Stars List
Dallas, Texas, April 4, 2019 – Nine Wick Phillips attorneys have been named to the Rising Stars list by Super Lawyers for 2019. The...
Rachel Sam and Jeff Mills Elevated to Partner
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...
The Language in Oil & Gas Agreements Governs the Royalty Caclulation
The Language in Oil & Gas Agreements Governs the Royalty Caclulation
The Texas Supreme Court issued its opinion in the most
closely watched case involving royalty agreements since Chesapeake Exploration, L.L.C. v. Hyder. In Burlington
Resources Oil...
Advancement of Attorneys’ Fees Through Trial–Upheld by the Fort Worth Court of Appeals
Advancement of Attorneys’ Fees Through Trial–Upheld by the Fort Worth Court of Appeals
In L Series, et al. v.
Holt, Number 02-17-00415-CV (Tex. App.—Fort Worth 2019), the trial court ordered
that the Plaintiff entities advance the Defendant’s attorney’s fees...
Media Groups Come Out Swinging Against Changes to the Texas Anti-Slapp
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...
A Pair of Opinions from the Houston COA Serve as a Reminder – Timing is Everything Under the Texas Anti-Slapp
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...
The Future of the Texas Anti-Slapp is Here! But What Will it Be?
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...
BAM!!!! The Dallas Court of Appeals Comes Out With It’s First Substantive Opinion on the Texas Anti-Slapp
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...
TLR Comes Out Swinging Against the Texas Anti-Slapp
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...
Three New Opinions on Texas Anti-Slapp, including the Dallas COA finally getting on the board in 2019.
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...
The Blog Begins
The Blog Begins
Thanks for joining us! This blog is published by the attorneys at Wick Phillips in Dallas, Texas. We’re excited to provide a platform to...
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?
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...
Home Developer’s $10 Million Tortious Interference Lawsuit Derailed (for now) by Texas Anti-Slapp.
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...
Is a Hospital Lien Dispute Subject to Texas Anti-Slapp – Personal Injury Attorneys Get Guidance from the Tyler COA in 2019.
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...
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?
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...
How will the Texas Anti-Slapp fare Under the New Dallas COA?
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...
And One to Grow On – Updating the 2018 Dallas COA chart to 19 Opinions
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...
The Little Blog that Could – Welcome to LexBlog and Top 10 Blogs of the week on Texas Bar Today!
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 ...
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
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...
The Opinion Applying Anti-Slapp in Federal Court No One Has Heard Of.
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...
How did Trial Court Rulings on the Texas Anti-Slapp do in the Dallas Court of Appeals in 2018?
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,...
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)
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
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....
Texas Supreme Court- 2018 Year in Review (Part 5 of 5): Starside
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
New Texas Anti-Slapp Practice Group Area at Wick Phillips
https://www.wickphillips.com/practices/texas-anti-slapp/
How Long Does it Take to Wind Through the Texas Anti-Slapp Appeal Process? The Starside Case Odyssey.
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...
Texas Supreme Court- 2018 Year in Review (Part 4 of 5): Youngkin – Affirmative Defenses can be Deadly
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...
Texas Supreme Court- 2018 Year in Review (Part 3 of 5): Castleman, the Commercial Speech Exemption, and Abatecola.
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...
Neiman Marcus walks into the Texas Anti-Slapp
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...
Texas Supreme Court- 2018 Year in Review (Part 2 of 5): State ex. rel. Best
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...
Is a Pre-suit demand a set up for an Anti-Slapp Motion under the Right to Petition?
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...
What Happens after the Texas Anti-Slapp Motion is Granted or Denied? It’s Way More Complicated than You Think.
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...
How Far Across the Judicial Road Does the Texas Anti-Slapp Statute Stretch?
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...
Timing is Everything in the Texas Anti-Slapp
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...
Texas Supreme Court 2018 Year in Review (Part 1 of 5) S&S Emergency Training
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....
Happy Texas-Anti-Slapp Holidays – Thirteen Opinions Issued in December 2018!
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,...
The Texas Anti-Slapp and Federal Courts
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...
How a Presidential Antagonist and Presidential Donor Both Got Anti-Slapped in 2018!
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...
2018 Texas Super Lawyers List Includes 11 Wick Phillips Partners
2018 Texas Super Lawyers List Includes 11 Wick Phillips Partners
Dallas, Texas, September 12, 2018 – Wick Phillips partners Erika Bright, David Drez, Andrew Gould, Jeffrey Hellberg, Amy LaValle, Sean Lemoine, Brant Martin, Daniel...