I have yet to write on SCOTX’s Lilith Fund opinion. But Robert Francis O’Rourke, Appellant v. Kelcy Warren, Appellee, No. 03-22-00416-CV, 2023 WL 3914278 (Tex. App.—Austin June 9, 2023, no pet. h.) is hot off the electronic presses, becoming the first COA opinion to cite Lilith Fund to defend against defamation claims. The trial court
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You Sank my Battleship! Legal Malpractice Anti-Slapp Survives a TCPA Challenge.
TCPA nerds were watching USA Lending Group, Inc. v. Winstead PC to see how the Court would handle the application of the TCPA to malpractice claims based on actions taken inside of litigation.SCOTX sidestepped that issue and assumed that the TCPA did apply, but reversed the Houston COA because the expert testimony on causation/damages/collectability met…
You are Killing Me Smalls! Will SCOTX Answer the Big Anti-Slapp Question in 2023? Maybe.
It has been awhile (578 days if you are into precision) since my last blog. My plan had been to wait until SCOTX issued another TCPA opinion. Well they showed me. And since I have no desire to rebuild my loyal following on Mastadon after the fall of civilization, 2023 will be the final year…
The Texas Supreme Court Lets the Big Cat of Judicial Immunity Out of the Bag in its Latest Anti-Slapp Opinion.
The venn diagram of people that know who the Tiger King is and the Landry’s, Inc. and Houston Aquarium, Inc v. Animal Legal Defense Fund et al, lawsuit is a perfect circle. In the underlying case the ALDF threatened suit against Landry’s (which owns Houston Aquarium – which houses four white Bengal tigers) for treatment/conditions…
How the Texas Supreme Court Messed Up My Bass Fishing Trip with a New Texas Anti-Slapp Opinion
Nothing says Spring like top water bass fishing on Texas ponds. And nothing says not so fast like my Westlaw alert going off with a Texas Anti-Slapp opinion. So this post will be bereft of my usually astute legal dissection.Montelongo v. Abrea, 19-1112, 2021 WL 1705210, (Tex. Apr. 30, 2021) is the Texas Supreme Court’s…
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 system in Las Vegas.* The black comedy “I Care a Lot” staring Rosamund Pike and Peter Dinklage took an over-the-top spin on this topic, with one court scene that I found…
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 [1st Dist.] Dec. 29, 2020, no pet. h.) provides a glimpse of how COAs will handle application of the New TCPA (post the September 1, 2019 changes). The facts require a brief discussion. Rail-Life and Choctaw were competitors that provided…
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 Houston COA in Chesser v. Aucoin, 01-20-00425-CV, 2020 WL 7391711 (Tex. App.—Houston [1st Dist.] Dec. 17, 2020, no pet. h.). The facts are straightforward and typical in a promissory note case:…
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 2015 and involves a local election with some “dirty pool” by someone, although who remains something of a mystery.* But in what appears as a matter of first impression in Texas, the…
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 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,…