TCPA, still limited, as to discovery motion practice.

The TCPA (still) did not apply to a discovery-related motion in Sorkin v. P.T. Atlas Mfg., notwithstanding procedural differences from prior Fifth Court precedent:

The matter before us is in a procedurally different posture than Misko in that P.T. Atlas did not bring his complaints predicated on discovery abuse in the Harris County Lawsuit where the discovery was being conducted. … Had P.T. Atlas instead filed a petition in intervention in the Harris County Lawsuit to challenge the alleged discovery abuse, our Misko opinion would support the denial of a TCPA motion to dismiss and would be consistent with the rationale in both Misko and Dow Jones. Likewise, here, while the reason for this lawsuit––abusive discovery–– arose in the context of the Harris County Lawsuit, this suit itself does not attack any of the substantive claims in the Harris County Lawsuit nor is the suit based on, or in response to, any of the substantive allegations in that suit.

No. 05-21-00657-CV (March 16, 2022) (mem. op.).