About The Case
On June 27, 2019, the Ninth Court of Appeals upheld two orders denying opposing counsels motion to dismiss. Stibbs & Co. had previously filed a lawsuit on behalf of its client, a manufacturing, engineering, and marketing company of electrical products and services. Our client brought action against defendants 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 our clients claims. The Honorable Judge denied both motions in full and the Ninth Court of Appeals upheld the orders, finding that our clients successfully invoked the “commercial speech” exemption to the TCPA. One of the defendants subsequently filed a petition for review to the Texas Supreme Court but was denied review.