Shain Khoshbin, of Munck Wilson Mandala. Courtesy photo Are Texas Anti-SLAPP Motions Proper Legal Vehicles to Challenge Standing and, Thus, Subject Matter Jurisdiction?
Detailed analysis in recent oil and gas trade secret case.
May 15, 2023 at 12:04 PM
15 minute read
Expert Opinion
The Texas Citizens Participation Act (TCPA), or anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, is a heavily litigated topic in Texas. The TCPA is designed "to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury." Tex. Civ. Prac. & Rem. Code § 27.002. It "protects citizens. . . . from retaliatory lawsuits that seek to intimidate or silence them." In re Lipsky, 460 S.W.3d 579, 586 (Tex. 2015).
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