2011 – A good year for Texas Anti-SLAPP

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2011 was a great year for Anti-SLAPP in Texas. In addition to the Texas Citizens’ Participation Act being passed unanimously in both houses, causing the law to go into effect immediately upon the Governor’s signature in June, there were at least three Anti-SLAPP victories in state court.

The law was put to use almost immediately. By September there was already an Anti-SLAPP victory. Another followed in November and yet another in December. The 2011 dismissals under Section 27 are listed below:

• Dismissed September 6, 2011 by Judge Eric Moye in Dallas: Wholesale TV and Radio Advertising, LLC, v. Better Business Bureau of MNetropolitan Dallas, Inc., Cause No. 11-08382-A (14th Dist. Ct., Dallas County, Tex. Sept. 6, 2011). Attorneys fees were awarded. This case is currently on appeal before the Dallas Court of Appeals.

• Dismissed November 22, 2011 by Judge Patricia Kerrigan in Harris County: Viera v. Hearst Newspapers, LLC d/b/a The Houston Chronicle, KHOU-TV, Inc. and Post-Newsweek Stations Houston, Inc. d/b/a KPRC-TV, Cause No. 2011-42884 (190th Dist. Ct., Harris County, Tex. filed Sept. 16, 2011), order signed by Judge Patricia Kerrigan.

• Dismissed December 16, 2011 in Harris County: Yolanda Flores v. Houston Community College System, et. al., Cause No. 2011-49084 (61^st Judicial District, Harris County, Tex., filed November 11, 2011). $35,700 in attorneys fees were awarded in that case.

The Anti-SLAPP Motion to Dismiss was not granted in the following case:

• Motion to Dismiss denied on February 1, 2012 in Parker County, Texas by Judge Graham Quisenberry: Wallbuilder Presentations, Inc. through its President, David Barton and Wallbuilders, L.L.C. through its President, David Barton and David Barton, individually v. W.S. Smith and Judy A. Jennings and Rebecca E. Bell-Metereau, Cause No. CV-11-1349 (415^th Judicial District, Parker County, Tex., filed Nov. 7, 2011).

If you are aware of an Anti-SLAPP dismissal, or denial of a motion to dismiss, that is not listed above please email me.