Hersh v. Tatum (Opinion)Annotate this Case
A defendant may obtain dismissal of a suit under the Texas Citizens Participation Act alleging “a communication made in connection with a matter of public concern” even if the defendant denies making such communication.
Plaintiffs sued Defendant for intentional infliction of emotional distress (IIED), claiming that Defendant exploited the tragedy of their son’s death by encouraging the criticism of their son’s obituary. The trial court granted Defendant’s motion to dismiss Plaintiffs’ action under the Texas Citizens Participation Act. The court of appeals reversed, concluding that a defendant who denies making the communication alleged cannot invoke the Act. The Supreme Court reversed and remanded, holding (1) when it is clear from a plaintiff’s pleadings that the action is covered by the Act, the defendant need show no more; and (2) the communication in this case was not extreme and outrageous enough to support an action for IIED.