Legal Opinion

Timothy Castleman & Castleman Consulting, LLC v. Internet Money Ltd.

Texas Supreme Court

Decided April 27, 2018No. 17-0437PublishedCited by 122 opinions

1Per curiam

The Texas Citizens Participation Act (TCPA) provides for the expedited dismissal of certain legal actions based on, relating to, or responding to a defendant's exercise of the right of free speech. But the TCPA does not apply to actions based on certain commercial speech. Texas courts of appeals are divided on the proper construction of the commercial-speech exemption. Here, the court of appeals held that the exemption applies, so the defendant could not seek expedited dismissal under the TCPA. We disagree, reverse the court of appeals' judgment, and remand the case to that court for further…

2Cases cited23 opinions

  1. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  2. In re LipskyTexas Supreme Court · 2015
  3. McIntyre v. RamirezTexas Supreme Court · 2003
  4. Alex Sheshunoff Management Services, L.P. v. JohnsonTexas Supreme Court · 2006
  5. Posadas De Puerto Rico Associates v. Tourism Co. of Puerto RicoSupreme Court of the United States · 1986

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3Cited by122 opinions

  1. Ryan R. Grant (Individually, and as Trustee of the Ryan R. Grant 2007 Trust) Laura Grant Jana Grimes John E. Grimes (Trustee of the John E. Grimes 2007 Trust) Anne Fielding Scott Sizemore John D. Rowell Herschel Sova v. Pivot Technology Solutions, Ltd. Pivot Acquisition Corp. And ARC Acquisition (US), Inc., Texas Court of Appeals, 3rd District (Austin)2018
  2. Toth v. Sears Home Improvement Prods., Inc.Court of Appeals of Texas · 2018
  3. Kenneth W. Morrison And Stonecoat of Texas, LLC v. John D. Profanchik, Jr., Texas Court of Appeals, 3rd District (Austin)2019
  4. ETX Successor Tyler F/K/A East Texas Medical Center v. Terrie Pridgeon (As Guardian of the Person and the Estate of Jason C. Dubose), Texas Court of Appeals, 12th District (Tyler)2019
  5. Aaron Whitelock and Donna Whitelock v. Jennifer Stewart, Donald Stewart, Steven Stewart, and Kathy Stewart, and D/B/A Royal Horse Farms, Texas Court of Appeals, 8th District (El Paso)2023

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