BancPass, Inc. v. Highway Toll Administration, L.L.C.

STEPHEN A. HIGGINSON, Circuit Judge:

Defendant-Appellant Highway Toll Administration, L.L.C., (“HTA”) appeals the district court’s denial of its summary judgment motion based on Texas’s judicial proceedings privilege. HTA argues that, under Texas law, it is absolutely immune from a defamation action brought by its competitor, Plaintiff-Appellee BancPass, Inc., because the communications at issue were related to judicial proceedings contemplated in good faith. BancPass filed a motion to dismiss the appeal, arguing that this court is without jurisdiction to hear the interlocutory appeal or,…