About The Case
On June 27, 2019, the Ninth Court of Appeals upheld two February 8, 2018 Orders Denying Falcon Steel America, LLC’s and Order Denying TransDesign International LLC’s Motions to Dismiss. Stibbs & Co. had previously filed a lawsuit on behalf of its client, SAE Towers, Ltd., a manufacturing, engineering, and marketing company of electrical products and services. SAE Towers brought the action against Defendants Falcon Steel America, LLC and TransDesign International LLC alleging misappropriation of trade secrets, among other claims. Defendants filed their respective Motions to Dismiss, pursuant to the Texas Citizens Participation Act (“TCPA”), seeking to dismiss all of SAE Towers’ claims. The Honorable Judge Cara Wood denied both motions in full and the Ninth Court of Appeals upheld the orders, finding that SAE Towers successfully invoked the “commercial speech” exemption to the TCPA. Falcon Steel subsequently filed a petition for review to the Texas Supreme Court but was denied review. See TransDesign Int’l, LLC v. Sae Towers, Ltd., NO. 09-18-00080-CV, NO. 09-18-00081-CV, 2019 Tex. App. LEXIS 5429 (Tex. App.—Beaumont June 27, 2019).