Texas Citizens Participation Act: A Broad Dismissal Tool

Law360, New York (January 9, 2018, 4:40 PM EST) -- The Texas Citizens Participation Act (TCPA)[1] provides a motion to dismiss that has been successfully employed in a wide variety of cases, some of which are far removed from the constitutional-rights context mentioned in the TCPA’s purpose section. An indication of the expansive use of this tool is the frequency at which it is appearing in Texas appellate opinions. For example, in the three months of August, September and October of 2017, the Texas courts of appeals issued seventeen opinions addressing the TCPA.

Due to this expansive application, it is important for litigators to know that, when it applies, the TCPA’s...

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