Legal Opinion

Neal Rauhauser v. James McGibney and ViaView, Inc.

Court of Appeals of Texas

Decided December 11, 2014No. 02-14-00215-CVPublishedCited by 41 opinions

1Opinion of the Court

OPINION

PER CURIAM 9

I. Introduction

This is an interlocutory appeal under the Texas Citizens’ Participation Act (TCPA) from the denial by operation of law of a motion to dismiss filed pursuant to the TCPA. See Tex. Civ. Prac. & Rem.Code Ann. § 27.008(a) (West Supp. 2014). Because Appellant Neal Rauhauser, as the party filing the motion to dismiss, met his burden to show by a preponderance of the evidence that the legal action against him was based on, was related to, or was in response to his exercise of free speech; because Appellees James McGibney and ViaView, Inc. did not attempt to…

2Cases cited17 opinions

  1. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  2. WFAA-TV, Inc. v. McLemoreTexas Supreme Court · 1998
  3. Villafani v. TrejoTexas Supreme Court · 2008
  4. Rehak Creative Services, Inc. and Robert Rehak v. Ann L. Witt, Ellen Witt, Raymond Witt and Ann Witt Campaign, Texas Court of Appeals, 14th District (Houston)2013
  5. Schimmel v. McGregorCourt of Appeals of Texas · 2014

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3Cited by41 opinions

  1. Julie Hersh v. John Tatum and Mary Ann TatumTexas Supreme Court · 2017
  2. Amanda Culbertson v. Pat LykosCourt of Appeals for the Fifth Circuit · 2015
  3. Elite Auto Body LLC v. Autocraft Bodywerks, Inc.Court of Appeals of Texas · 2017
  4. Walker v. HartmanCourt of Appeals of Texas · 2017
  5. Hawxhurst v. Austin's Boat ToursCourt of Appeals of Texas · 2018

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