Wick Phillips

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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 7, 2020), another “first of its kind” TCPA case.*   And then along came In re. Praveen Panchakarla, and now Pisharodi is cast in a whole new light. https://www.antislapptexas.com/blog/2020/5/8/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 I’ll lead with the punchline –  the Corpus Christi COA holds that the parties can demand a jury trial on the issue of TCPA attorneys’ fees.**  The COA examined other statutes where attorneys’ fees are provided and analogized to prior TSC opinions determining viability of a jury trial under…
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, No. 19-0585 (Tex. May 8, 2020) which breathes new life into motions to reconsider the grant of Texas Anti-Slapp motions.* I blogged about this almost exactly a year ago when the Dallas COA issued a ruling granting a mandamus an ordering the trial court to reinstate a prior grant of a Texas Anti-Slapp. https://www.antislapptexas.com/blog/2019/5/24/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 As a refresher: ·      On Feb. 22, 2019, the trial court granted the defendants’ Texas Anti-Slapp motion; ·      On March 8, 2019, the…
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 Apr. 30, 2020, no pet. h.).  The underlying suit was a breach of contract claim for indemnity under an LLC operating agreement.  The LLC filed a Texas Anti-Slapp under RFS and RTP.  The Dallas COA side stepped the application of the TCPA (Step 1) and moved to Step 2, did the non-movant establish the elements of a breach of contract claim for indemnity. It should shock no one, absent something unique to the language of an indemnity clause,…