Legal Opinion

McGibney v. Rauhauser

Court of Appeals of Texas

Decided April 19, 2018No. 02-16-00244-CVPublishedCited by 18 opinions

1Opinion of the Court

BONNIE SUDDERTH, CHIEF JUSTICE

*819In nine issues, Appellants James McGibney and ViaView, Inc. complain of the trial court's award of attorney's fees and contingent appellate attorney's fees, as well as monetary and nonmonetary sanctions, to Appellee Neal Rauhauser in conjunction with the granting of Appellee's motion to dismiss under chapter 27 of the civil practice and remedies code, also known as the Texas Citizens Participation Act (TCPA). Concluding, in light of the record before us, that the trial court abused its discretion by awarding an unreasonable amount of attorney's fees and monetary…

2Cases cited43 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Farrar v. HobbySupreme Court of the United States · 1992
  3. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  4. EI Du Pont De Nemours & Co. v. RobinsonTexas Supreme Court · 1996
  5. Butnaru v. Ford Motor Co.Texas Supreme Court · 2002

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3Cited by18 opinions

  1. Day v. Fed'n of State Med. Boards of the United States, Inc.Court of Appeals of Texas · 2019
  2. Benajmin "B.J." Reynolds, Mark Mewshaw and Wes Hobbs and Terra Energy Partners LLC v. Sanchez Oil & Gas Corporation, Texas Court of Appeals, 1st District (Houston)2020
  3. Fiamma Statler, LP, Fiamma Partners, LLC, and Fiamma Management Group, LLC v. Matthew D. Challis and Jefferies, LLC, Texas Court of Appeals, 2nd District (Fort Worth)2020
  4. Gensetix, Inc. v. Baylor College of Medicine, Diakonos Research, Ltd., and William K. Decker, Texas Court of Appeals, 14th District (Houston)2020
  5. Hossein S. Namdarkhan and Bardia Namdarkhan v. Glast, Phillips & Murray, P.C., Mark C. Enoch, Mark C. Enoch, PC, and Matthew Enoch, Texas Court of Appeals, 5th District (Dallas)2020

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