If a tree fell and no one heard it, would the TCPA apply?

Originally published by David Coale.

Representatives of the Estate of Samuel Dorfman moved to dismiss tort claims under the Texas anti-SLAPP law, brought by professionals who did work for the Estate and complained that they had been defamed and disparaged in comments about their work. Applying the newly-decided opinion in Hersh v. Tatum , 2017 WL 2839873 (Tex. June 30, 2017), the Fifth Court held that the trial court erred in determining that “the Estate was not entitled under the TCPA to seek dismmissal of appellees’ claims because the Estate denied making the communications that form the bases of those claims,” and remanded for further consideration of the TCPA motion. Dorfman Estate v. Proactive Inventory, No. 05-16-01286-CV (July 11, 2017) (mem. op.)

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