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ARTICLE · 03 JUNE 2016

TCPA Attorney's Fees Must Be Reasonable, Not Just Or Equitable

What a difference a comma makes! Compare "Let's eat, Grandma," to "Let's eat Grandma."

United StatesLitigation, Mediation & Arbitration

What a difference a comma makes! Compare "Let's eat, Grandma," to "Let's eat Grandma." Less dramatic but just as significant is the Texas Supreme Court's parsing of punctuation in Sullivan v. Abraham, No. 14-0987, 59 Tex. S. Ct. J. 652 (April 15, 2016).

That case was an appeal from an award of attorney's fees under the Texas Citizens Participation Act (TCPA). The TCPA provides for the expedited dismissal of a legal action that implicates a defendant's right of free speech or other First Amendment right when the party filing the action cannot establish the Act's threshold requirement of a prima facie case. Tex. Civ. Prac. & Rem. Code § 27.005. A successful motion to dismiss under the Act entitles the moving party to an award of court costs, reasonable attorney's fees, and other expenses incurred in defending against the legal action. Id. § 27.009(a).

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