A TCPA scramble

In an artful scramble to avoid Dyer v Medoc Health Services, 573 S.W.3d 418, 424 (Tex. App.–Dallas 2019, pet. denied), the movant abandoned the argument that the relevant business communications dealt with “a matter of public concern,” and instead focused on whether the communications were in connection with “a good, product, or service in the marketplace” — namely, workplace complaints about the plaintiff. The panel majority was not persuaded, concluding that “[t]he allegations against Damonte clearly are not based on, related to, or in response to conversations Damonte purportedly had with employees about problems they were having with the company,” and that “nothing in Hallmark’s lawsuit suggests are predicated on anything other than Damonte’s alleged involvement in a scheme to misappropriate and use Hallmark’s confidential information.” A concurrence cautioned that “[t]he majority opinion should not be construed to mean the content of the communication at issue must itself be defamatory or actionable” to be actionable. No. 05-18-00874-CV (July 12, 2019) (mem. op.)