TCPA scope. Game on.

Dyer v. Medoc Health Services is a TCPA opinion by Justice Molberg, a prominent member of the newly-elected “Slate of Eight.” It declines to apply the TCPA in a commercial trade-secrets dispute, holding, inter alia:

Association. “Because the text messages between Basiti and Dyer were private communications related to an alleged conspiracy between the two men and did not involve public or citizen’s participation, it would be “illogical” to apply the TCPA to those communications”

Speech. “We cannot conclude communications discussing allegedly tortious conduct are tangentially related to a matter of public concern simply because the proprietary and confidential information that was to be misappropriated belonged to a company in
the healthcare industry or because the alleged tortfeasors hoped to profit from their conduct.”

Petition.  “However, even assuming Dyer’s actions, and the communications relating to those actions, were “petitioning” activities as defined by the TCPA, appellants failed to establish appellees’ claims were based on, related to, or in response to any communications between Dyer and any other person about the FBI investigation or on Dyer’s providing appellees’ proprietary software and confidential information to the FBI.”

No. 05-18-00472-CV (March 8, 2019). The Texas Supreme Court has assertively advanced a broad reading of the TCPA, including multiple reversals of the Fifth Court; the handling of any petitions for review in this case will be of great interest to the commercial-litigation bar.