filing_sections: 117
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 117 | 15 | III.B.3. The commercial exception precludes TCPA dismissal | Under ยง 27.010(b) and Castleman: (1) Precision is primarily engaged in the marketing business; (2) Precision's conversion and sale was done in its capacity as a seller of marketing goods/services; (3) the conversion and sale was a commercial transaction involving marketing goods/services Precision provides; (4) intended audience was Kassab as the actual customer. Notably, the Motion does not even attempt to argue the commercial exception doesn't apply to Precision. Through ownership and control of Precision, Mr. Favre and Favre's conduct also falls within the exception. |