citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
30,9,In re Lipsky,460 S.W.3d 579,Texas Supreme Court,2015,"TCPA is intended to dismiss lawsuits designed to chill First Amendment rights, not to dismiss meritorious lawsuits; prima facie case requires 'minimum quantum of evidence' supporting rational inference allegation is true; pleading showing factual basis for claim is sufficient to resist TCPA motion",Pohl
31,9,"Wayne Dolcefino & Dolcefino Communications, LLC v. Cypress Creek EMS",540 S.W.3d 194,Tex. App.—Houston [1st Dist.],2017,Courts use a two-step procedure for TCPA dismissal; must view evidence in light most favorable to nonmovant; must show connection between claims and alleged protected conduct,Pohl
32,9,ExxonMobil Pipeline Co. v. Coleman,512 S.W.3d 895,Texas Supreme Court,2017,Legislature included expedited manner for dismissing claims brought to intimidate or silence defendants' First Amendment rights,Pohl
33,9,"LFMC Enterprises, LLC v. Baker",546 S.W.3d 893,Tex. App.—Houston [1st Dist.],2018,"Movant bears burden of demonstrating TCPA applicability by preponderance of evidence; rights being protected must be the party's own rights, not a third party's; defendant must demonstrate specific connection between claim and protected right",Pohl
34,9,Hersh v. Tatum,526 S.W.3d 462,Texas Supreme Court,2017,"Basis of a legal action is determined by the plaintiff's allegations, not the defendant's admissions or denials; petition is the 'best and all-sufficient evidence of the nature of the action'",Pohl
35,9,Sloat v. Rathbun,513 S.W.3d 500,Tex. App.—Austin,2015,Courts should not blindly accept defendants' attempts to characterize claims as implicating protected expression; should favor conclusion that claims are not predicated on protected expression; defendant's activities not factually predicate for claims are not pertinent to the inquiry,Pohl
36,9,Castleman v. Internet Money Ltd.,546 S.W.3d 684,Texas Supreme Court,2018,"Four-part test for commercial speech exception: (1) defendant primarily engaged in selling/leasing goods or services, (2) conduct in defendant's capacity as seller, (3) arose out of commercial transaction involving defendant's services, (4) intended audience was actual or potential customers",Pohl
37,9,"Miller Weisbrod, L.L.P. v. Llamas-Soforo",511 S.W.3d 181,Tex. App.—El Paso,2014,Attorney advertising falls within the commercial exception to the TCPA,Pohl
38,9,"NCDR, L.L.C. v. Mauze v. Bagby, P.L.L.C.",745 F.3d 742,"U.S. Court of Appeals, Fifth Circuit",2014,"Where a lawyer is primarily engaged in selling legal services and the speech arises from the sale of services to actual/potential clients, the solicitation falls outside TCPA protections",Pohl
39,9,"Hicks v. Group & Pension Administrators, Inc.",473 S.W.3d 518,Tex. App.—Corpus Christi,2015,Detailed pleading showing factual basis for claims is sufficient to set forth prima facie case under the TCPA,Pohl
40,9,In re E.I DuPont de Nemours & Co.,136 S.W.3d 218,Texas Supreme Court,2004,Prima facie case requires 'minimum quantum of evidence necessary to support a rational inference that the allegation of fact is true',Pohl
41,9,Stockyards Nat. Bank v. Maples,95 S.W.2d 1300,Tex. Comm'n App.,1936,The petition is the 'best and all-sufficient evidence of the nature of the action',Pohl
42,9,"Cantey Hanger, LLP v. Byrd",467 S.W.3d 477,Texas Supreme Court,2015,Attorney immunity protects actions taken while representing a client in litigation; Pohl argues Kassab had no clients at time of wrongful conduct,Pohl
43,9,Mayes v. Stewart,316 S.W.3d 715,Tex. App.—Houston [14th Dist.],2010,"Two-year limitations for conspiracy; Pohl argues limitations has not run because Favre-Kassab Agreement was November 10, 2016",Pohl
44,9,Collins v. Collins,2018 WL 1320841,Tex. App.—Houston [1st Dist.],2018,"Distinguished — that case involved claims factually predicated on communications in a judicial proceeding (divorce affidavit), unlike Pohl's claims for conversion of stolen property",Pohl
45,9,"Reeves v. Harbor Am. Cent., Inc.",552 S.W.3d 389,Tex. App.—Houston [14th Dist.],2018,Distinguished — that case simply held the trial court must conduct a full TCPA analysis rather than summarily concluding TCPA does not apply; Pohl does not deny TCPA analysis is required,Pohl