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Defamation Free Speech Telephone Consumer Protection Act

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Jackson Walker

Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

Jackson Walker on

Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more

Dickinson Wright

The Essential Guide to the Texas Anti-SLAPP Law, the Texas Defamation Mitigation Act, and Rule 91a

Dickinson Wright on

Mark Walker, member partner in our El Paso office, authored a white paper on Texas Anti-SLAPP law. The paper serves as a guide through the history of the TCPA, an outline of its provisions and application, and a navigation...more

Kilpatrick

Fifth Circuit Rules Texas Anti-SLAPP Laws Do Not Apply In Federal Court

Kilpatrick on

On August 23, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion resolving “an issue that has brewed for several years in this circuit” regarding the intersection of Texas free speech protections and...more

Gray Reed

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

Gray Reed on

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

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