Nexus

In Duncan v. Acius Group, the panel agreed that the TCPA can reach statements about the topic of animal cruelty, but differed on the connection of a particular statement to that topic. Justice Partida-Kipness’s dissent argued: “I do not disagree that an allegation of animal cruelty can be a matter of public concern, the context and situation surrounding Morris-Duncan’s purported statement about Maxwell does not support such a conclusion here. It is clear from the context of her statements about Maxwell, that Morris-Duncan’s alleged comments were not made out of a concern for the welfare and safety of the animals under Maxwell’s care,but rather out of a desire –to paint Maxwell ina bad light and to call his character into question after ACIUS terminated her husband’s employment.” (emphasis added). The panel also reaffirmed that a nonsuit does not moot a TCPA motion. No. 05-18-01432-CV (Sept. 13, 2019) (mem. op.)