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
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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
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
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,
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,
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
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,
"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 day grind of depositions/hearings/research and writings I have been lax in updates. But the Houston COA
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 combined with the statutory change in September 2019, none of them have intrigued me enough to write
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 all forms of defamation and provides statutory protections against and limitations on defamation claims. The undecided