The Latest On State Anti-SLAPP Statutes In Federal Court

By Laura Prather and Wesley Lewis (August 27, 2019, 4:02 PM EDT) -- On August 23, lawyers and litigants finally got an answer to a question that has brewed for several years in the U.S. Court of Appeals for the Fifth Circuit: Does the Texas Citizens Participation Act, Texas's anti-SLAPP statute, apply in federal diversity actions?

Enacted in 2011, the Texas Citizens Participation Act, or TCPA, provides litigants protections against meritless lawsuits filed in retaliation for one exercising their First Amendment rights. In Klocke v. Watson, a unanimous three-judge panel concluded that the mechanism for expedited dismissal provided by the TCPA conflicts with the Federal Rules of Civil Procedure and therefore, the protections of...

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