5th Circ. Says Law Firm's Solicitation Not Protected Speech

Law360, Dallas (March 14, 2014, 8:27 PM EDT) -- The Fifth Circuit on Tuesday affirmed a trial court’s ruling that allowed a Texas dental practice to move forward with a defamation suit against a law firm that solicited its former patients, holding the firm’s advertising was commercial speech not covered by a state free speech law.

The appellate panel held Texas firm Mauze & Bagby PLLC couldn’t use the state’s anti-SLAPP, or strategic lawsuits against public participation, law to dismiss a suit brought by a Brownsville dental practice that operated as Kool Smiles, part of...
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Case Information

Case Title

NCDR, L.L.C., et al v. Mauze & Bagby, P.L.L.C., et al

Case Number



Appellate - 5th Circuit

Nature of Suit

3840 Trademark

Date Filed

November 7, 2012

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