Texas Appellate Court Upholds Denial Of Anti-SLAPP Dismissal
Motion Obtained By Tishkoff For Its Property Developer Client
The acronym “SLAPP” describes a strategic lawsuit against public participation. This type of lawsuit is intended to censor, intimidate, and silence individuals by subjecting them to legal defense costs, with the aim that they defendant will abandon their exercise of their speech, petition and association rights. In a SLAPP, the plaintiff’s goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons constitutionally protected rights. Legislation in a number of states have made SLAPPs illegal. Thirty states have enacted legislation providing protection against SLAPPs.
SLAPP legislation must struggle to craft provisions affording a mechanism for early termination of invalid and abusive suits, without stymying valid claims. Unfortunately, misuse of Anti-SLAPP legislation has proliferated in many jurisdictions, with some defendants creating barriers to individuals and businesses exercising their right to petition and seek redress for defendants’ wrongful conduct.
Texas Anti-SLAPP legislation, known as the Texas Citizens Participation Act (TCPA), has been under considerable criticism as a vehicle of abuse by certain defendants. The Second Appellate District of Texas at Fort Worth (“Second Appellate District”), in appellate case number 02-19-00115-CV, on November 14, 2019, posted its Memorandum Opinion for Defendants’ appeal of the denial of an Anti-SLAPP dismissal motion granted in favor Tishkoff’s property developer client in Denton County, Texas. In its Memorandum Opinion, the Second Appellate District upheld the Trial Court’s denial of Defendants’ motion to dismiss under the TCPA. The Second Appellate District ruled that “[n]one of [Plaintiff’s] claims implicate the free speech, petition, or association rights defined in and protected by the TCPA.” The full text of its Memorandum Opinion is posted by the Second Appellate District on its website at the following link: http://bit.ly/2rOiRpr.
The Tishkoff Team congratulates Christopher M. Vukelich, Esq. on his selection as a Michigan 2019 Super Lawyers Rising Star for Business Litigation. Chris, we are proud and honored to have you on our Team!
Contact information for Mr. Vukelich and the other Tishkoff attorneys and staff is available at Tishkoff’s web site: https://tish.law/. Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC
William G. Tishkoff is proud and honored to be selected by Michigan 2019 Super Lawyers for Business
Mr. Tishkoff states that the top credit goes to the attorneys and staff at Tishkoff, Ann Arbor, Michigan;
they are the best!
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