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April 2019 Appellate Victory: Katherine Elrich, Carrie Phaneuf and Jennifer Smiley successfully defend on appeal before the Austin Court of Appeals a trial court’s dismissal under the Texas anti-SLAPP statute

April 2019 Appellate Victory: Katherine Elrich, Carrie Phaneuf and Jennifer Smiley successfully defend on appeal before the Austin Court of Appeals a trial court’s dismissal under the Texas anti-SLAPP statute

Katherine Elrich, Carrie Phaneuf and Jennifer Smiley successfully defended on appeal before the Austin Court of Appeals the trial court’s dismissal under the Texas Citizens’ Participation Act, also known as the Texas anti-SLAPP statute, of a breach of contract claim filed against our client.  The court of appeals held that allegations against our client regarding work performed and reported in judicial proceedings by him as an amicus attorney were communications protected by the TCPA, even though couched as claims for “breach of contract.”  Mustafa v. Pennington, No. 03-18-00081-CV, 2019 WL 1782993 (Tex. App.—Austin April 24, 2019, no pet. h.).