A Texas appeals court has overturned $150,000 in sanctions, remanded for reconsideration an award of $375,383 in attorney fees, and vacated nonmonetary sanctions imposed by the trial judge on the operator of website purportedly aimed at stamping online bullying and other more lurid practices.
A three-judge panel of the Court of Appeals for the Second District said the sanctions levied against plaintiff James McGibney were unreasonable, and that nonmonetary sanctions are not permitted under the Texas Citizens Participation Act (TCPA). The court also said the counsel fees awarded to defendant Neal Rauhauser were unreasonable, but suggested that some fees could be awarded on remand.
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