Attorney Immunity = TCPA Dismissal

Originally published by David Coale.

The Fifth Court affirmed a TCPA dismissal in Kappos v. Baxter: “As part of his representation of his clients, Baxter stated in a motion filed in the federal litigation that there was a judgment in the underlying California state-court litigation. Whether the statements were wrong, fraudulent, or part of a conspiracy to defraud Kappos does not affect the applicability of the defense of attorney immunity. Kappos was not Baxter’s client. Therefore, following Youngkin, we conclude that Baxter is immune from Kappos’s suit based on his actions while representing his clients, including his statements in court filings that there was a judgment in the California state-court litigation. We conclude Baxter established by a preponderance of the evidence the elements of the defense of attorney immunity.” No. 05-19-00020-CV (Oct. 30, 2019) (mem. op.)

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