Dallas TCPA damages case reversed

An important Dallas case about appropriate proof of damages under the TCPA was recently reversed by the Texas Supreme Court in S&S Emergency Training Solutions v. Elliott. That Court held: “Elliott’s pre-resignation letter and the affidavits of Vecchio and Cellio support, at minimum, rational inferences that (1) EMTS’s paramedic classes were profitable before Elliott’s disclosures of confidential information; (2) the disclosures were a cause of ACI’s terminating the consortium agreement; and (3) termination of the consortium agreement caused EMTS to lose the ability to conduct the profitable paramedic training classes. Thus, EMTS provided prima facie evidence that Elliott’s disclosures caused EMTS to lose profits. That evidence was sufficient to preclude dismissal of EMTS’s suit.” No. 17-0628 (Tex. Dec. 21, 2018) (citations omitted).