Heath Cheek is a partner and Ian G. Klein is an associate with Dallas-based Bell Nunnally. Courtesy photos How Updates to the Texas Citizen's Participation Act Are Working
In summary, while the 2019 revisions to the TCPA have reigned in a lot of the abuses of the statute, several open questions remain on how successful the revisions have been, say Dallas-based Bell Nunnally attorneys Heath Cheek and Ian G. Klein.
April 11, 2022 at 02:22 PM
5 minute read
Legislation
Prior to 2019, Texas courts allowed anti-SLAPP (Strategic Lawsuit Against Public Participation) motions to dismiss in a broad range of cases which did not squarely fit the Texas Citizens' Participation Act's ("TCPA") mission to prevent retaliatory lawsuits against defendants exercising First Amendment rights. The TCPA motion practice is particularly attractive and potent because it requires the plaintiff to put forward "clear and specific" evidence of each element of its claim at the pleading stage. In essence, the TCPA provides a summary judgment-esque mechanism at the pleading stage before any discovery has been conducted and allows an award of attorneys' fees to the successful movant. Defense counsel eagerly expanded the scope of the TCPA by using it in cases involving misappropriation of trade secrets and non-competes.
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