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Texas Free Speech Law Can t End $10M Medical Software Row
Law360 (May 18, 2021, 4:31 PM EDT) A Texas appellate court on Tuesday determined a state free speech law can t bring an end to a medical software developer s lawsuit alleging a client wrongly tried to reverse engineer the technology it spent nine years and $10 million developing.
The Fourteenth Court of Appeals rejected arguments the claims implicated the right of association and thus could trigger dismissal under the Texas Citizens Participation Act, an anti-SLAPP statute. The ruling allows Meridian Hospital Systems Corp. to proceed with its claims against Post Acute Medical LLC and two affiliates, which include alleged misappropriation of trade secrets, breach of contract, unfair competition, trademark dilution, quantum.
Power Promoters Want Full Dallas Court To Toss Investor Suit
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Texas Justices Won t Hear Mattress Firm Free Speech Suit
Law360 (April 16, 2021, 4:37 PM EDT) The Texas Supreme Court declined Friday to review bedding chain Mattress Firm Inc. s free speech-based bid to dismiss a former Colliers International real estate broker s claims he was harmed by its allegations he was involved in a kickback and bribery scheme.
Mattress Firm had petitioned the state s high court in February to review a decision from a three-justice panel of the First Court of Appeals that found emails at the heart of the dispute weren t protected free speech under the Texas Citizens Participation Act, an anti-SLAPP law with a mechanism for early dismissal of lawsuits aimed at stifling the defendant s freedom.
In
TSA-Tex. Surgical Assocs., L.L.P. v. Vargas, one partner sued his other partners for various claims regarding the defendants attempt to squeeze the plaintiff out of the partnership. No. 14-19-00135-CV, 2021 Tex. App. LEXIS 1330 (Tex. App. Houston [14th Dist.] February 25, 2021, no pet. history). The defendants filed a motion to dismiss under the Texas Citizens Participation Act (TCPA), and the trial court denied the motion. The defendants appealed.
The TCPA was enacted “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.”
Sunday, April 11, 2021
In
TSA-Tex. Surgical Assocs., L.L.P. v. Vargas, one partner sued his other partners for various claims regarding the defendants attempt to squeeze the plaintiff out of the partnership. No. 14-19-00135-CV, 2021 Tex. App. LEXIS 1330 (Tex. App. Houston [14th Dist.] February 25, 2021, no pet. history). The defendants filed a motion to dismiss under the Texas Citizens Participation Act (TCPA), and the trial court denied the motion. The defendants appealed.
The TCPA was enacted “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.”
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