Adams v. Starside Custom Builders, LLC

The Supreme Court reversed the judgment of the court of appeals affirming the trial court’s denial of Defendant’s motion to dismiss the defamation claim filed against him, holding that, contrary to the conclusion of the court of appeals, Defendant’s allegedly defamatory communications did relate to a “matter of public concern” as defined by the Texas Citizens Participation Act (TCPA).Defendant moved to dismiss the defamation claim against him, arguing that Plaintiff could not establish a prima facie case to survive dismissal under the TCPA. The trial court did not rule on the motion to dismiss the defamation claim within the statutory period, so it was denied by operation of law. The court of appeals affirmed, holding that the challenged communications did not related to a “matter of public concern.” The Supreme Court reversed, holding (1) Defendant satisfied his initial burden to establish the applicability of the TCPA under Tex. Civ. Prac. & Rem. Code 27.005(b); and (2) therefore, the matter must be remanded for the court of appeals to decide whether Plaintiff established a prima facie case for each essential element of its defamation claim or whether Plaintiff established a valid defense. View "Adams v. Starside Custom Builders, LLC" on Justia Law