After a five-year detour in federal court, appellants challenged the trial court's denial of its Texas Citizens Participation Act motion to dismiss, arguing that the TCPA mandated dismissal because appellee Houston Baseball Partners lacked standing and otherwise failed to present prima facie evidence in support of its claims for fraud, fraudulent inducement, fraud by nondisclosure, negligent misrepresentation, breach of contract and declaratory relief.

Appellees brought suit for defamation and business disparagement in relation to advertisements that appellants published in local newspapers and on social media.