Defamation Suits Face High Bar In Texas Anti-SLAPP Law

Law360, Houston (July 24, 2013, 10:16 PM EDT) -- In the two years since Texas passed legislation to eliminate groundless defamation suits, courts have overwhelmingly interpreted the Texas Citizens' Participation Act as a high bar to clear, eliminating initial confusion about the reach of the statute, experts say.

In 2011, Texas joined the majority of U.S. states with the enactment of its own statute designed to prevent so-called strategic lawsuits against public participation. The anti-SLAPP law unleashed a wave of uncertainty over when a defamation suit should be dismissed during the early stages of litigation, according to Jeffrey Elkin of Porter Hedges LLP.

But in the wake of a series of...

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