The underlying dispute in Klocke v. Watson centers on whether the defendant defamed the plaintiff’s son, leading the son’s university to deny his graduation, and the son’s death by suicide. Photo: Rawpixel.com/Shutterstock
Dismissal motions under Texas’ anti-SLAPP law are in conflict with federal court procedural rules, and lawyers can’t use them to end federal lawsuits, according to a Friday ruling by the U.S. Court of Appeals for the Fifth Circuit.
The ruling in Klocke v. Watson resolves “an issue that has brewed for several years in this circuit,” wrote Judge Edith Jones in an opinion that reversed a defendant’s successful dismissal of a case under the Texas Citizens Participation Act. It means the plaintiff can now proceed to discovery.
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