The Texas Business Court Issues Its First Published Opinion on a TCPA Motion to Dismiss

Short summary

The Business Court of Texas issued its first published opinion on a TCPA motion to dismiss in Local Marketing, Inc. v. Bennett, granting partial dismissal of defamation and tortious interference counterclaims. The court applied the TCPA's three-step framework, finding that letters attaching a TRO were protected communications pertaining to a judicial proceeding, and that the counterclaimant failed to present prima facie evidence of damages. The opinion highlights advantages of the TCPA over Rule 91a, including its ability to look beyond pleadings and shift the evidentiary burden.

• •First published TCPA dismissal opinion from the Texas Business Court
• •Court granted partial dismissal of defamation and tortious interference counterclaims
• •TCPA offers advantages over Rule 91a by requiring prima facie evidence beyond pleadings

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