SLAPP: Texas Recently Enacts SLAPP Statute Similar to California’s Statute, With Similar Fee Shifting Provisions

 

U.S. Congress and North Carolina Also Considering SLAPP Legislation.

     We have posted frequently on California’s anti-SLAPP statute and its fee-shifting provisions.

      We can now report that, according to a June 20, 2011 post on the Reporters Committee for Freedom of Press News website, Texas is the 27th state, along with the District of Columbia, to adopt anti-SLAPP litigation. The U.S. Congress and North Carolina are considering similar legislation.

      Much like California’s statute, the trial judge in a Texas anti-SLAPP proceeding must (shall language) award to the moving party “court costs, reasonable attorney’s fees, and other expenses incurred in defending against the legal action as justice and equity may require.” (BLOG OBSERVATION--This statute appears to be broader than California’s, with some decisions indicating that the work must be related to the anti-SLAPP proceeding rather than broader “in connection” work. Compare Lafayette Morehouse, Inc. v. Chronicle Publishing Co., 39 Cal.App.4th 1379 (1995) [stricter “related” work interpretation of California anti-SLAPP statute] with Rosenaur v. Scherer, 88 Cal.App.4th 260, 285-286 (2001) [Lafayette supplanted by later legislative amendment requiring only an “in connection” work test]. However, the Texas statute talks about costs, fees, and expenses incurred in defending against the legal action--seemingly much broader than the California provision.) Also in line with California, the trial judge may (discretionarily) award costs and fees to the responding party where he/she finds that the plaintiff’s motion was frivolous or intended solely for delay.