Two Opinions Fortify Media Companies' Defenses To Defamation Claims

© 2016 The Texas Lawbook.By Alicia Calzada and William “Hunt” Buckley of Haynes and Boone (May 27) – Recently, the Texas Supreme Court issued two very important decisions on First Amendment law that could have a broad impact on media companies doing business in Texas. Both cases evolved from defamation claims filed by Salem Abraham, a school board member in Canadian, Texas. The Texas Supreme Court refuses to apply a “justice and equity” standard to attorneys’ fees for a prevailing defendant’s motion to dismiss under the Texas Citizens Participation Act.Sullivan v. Abraham is significant to practitioners for two reasons: (1) it settles a contested statutory interpretation and may have the indirect effect of reducing frivolous claims under the TCPA, or at least punishing them, and (2) reminds all of us to be careful with our punctuation. At issue in the case is the statutory construction of a phrase in the TCPA: “the court shall award to the moving party [for dismissal] … (1) court costs, reasonable attorney’s fees, and other expenses incurred in defending against the legal action as justice and equity may require” (emphasis added). The trial court applied the “justice and equity” standard to reduce Sullivan’s claim for…