Legal Opinion

Elite Auto Body LLC v. Autocraft Bodywerks, Inc.

Court of Appeals of Texas

Decided May 5, 2017No. 03-15-00064-CVPublishedCited by 64 opinions

1Opinion of the Court

OPINION

Bob Pemberton, Justice

This case illustrates that the Texas Citizens Participation Act (TCPA),1 as written—and as the Texas Judiciary, therefore, is bound to apply it—can potentially be invoked successfully to defend against claims seeking to remedy alleged misappropriation or misuse of a business’s trade secrets or confidential information. This is so principally because the “communications” protected by the TCPA, and which *194in turn can serve as the predicate for a motion to dismiss a “legal action” under that Act, are not confined solely to speech that enjoys constitutional protection.…

2Cases cited27 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. United States v. WilliamsSupreme Court of the United States · 2008
  3. United States v. StevensSupreme Court of the United States · 2010
  4. Virginia v. BlackSupreme Court of the United States · 2003
  5. Giboney v. Empire Storage & Ice Co.Supreme Court of the United States · 1949

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3Cited by64 opinions

  1. Todd Dyer, PHRK Intervention, Inc., PHRK Intervention, LLC, and Southside Device, LLC v. Medoc Health Services, LLC, and Total RX Care, LLC, Texas Court of Appeals, 5th District (Dallas)2019
  2. 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
  3. Subhash C. Batra, M.D. v. Covenant Health System D/B/A Covenant Medical Center/Covenant Medical Center-Lakeside, Texas Court of Appeals, 7th District (Amarillo)2018
  4. MVS International Corporation and Manuel Saturno v. International Advertising Solutions, LLC, Next Level Firm, LLC, Rene Rascon, Texas Court of Appeals, 8th District (El Paso)2017
  5. Hawxhurst v. Austin's Boat ToursCourt of Appeals of Texas · 2018

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