A Case Killer Lurks In The Texas Defamation Mitigation Act

Law360, New York (June 28, 2017, 10:46 AM EDT) -- A case killer lurks in the Texas Defamation Mitigation Act (TDMA) that is often overlooked. Passed in 2013, the legislature hoped the TDMA would encourage victims of defamation to first seek out-of-court redress before rushing to file a lawsuit. And though often overshadowed by the sweeping procedural changes ushered in from the Texas Citizens Participation Act,[1] the TDMA imposes a distinct set of rules and deadlines in defamation cases.[2] Failure to comply with the TDMA’s strict deadlines can destroy a defamation plaintiff’s damage model, even in the most egregious defamation cases.

Broadly speaking, the TDMA requires a plaintiff to make a...

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