Texas Citizens Participation Act – Appellants Bullyville And James McGibney Win Reversal Of Largest Anti-SLAPP Sanction In United States History!
Court of Appeals Finds "Largest Anti-SLAPP Penalty Ever" was "Excessive"; Attorney's Fees Awarded "Not Reasonable"; TCPA Does Not Authorize Non-Monetary Sanctions; Orders Appellee to Pay Costs of Appeal.
In a tersely worded opinion, where the court concluded the "amount of attorney's fees awarded was not reasonable", it excoriated Rauhauser's attorney Jeffrey L. Dorrell, Partner at Hanszen Laporte, for having engaged in what they found to be "a troublesome pattern of heavy front-end loading of legal work." The court noted "the fact that Appellee was never served in this lawsuit and, thus, was never under any compunction to appear in the lawsuit whatsoever" was particularly "troubling."
"My clients are relieved and elated with the results of this appeal. We felt there were so many things wrong with the lower court's ruling: findings of willful and malicious conduct, $150,000 in sanctions, a grossly excessive award of attorney's fees, awards of non-monetary sanctions that violate due process, a 'conditional' appellate fee award that was structured to have only one possible outcome, we prevailed on all those issues," said Appellant's attorney E.F. Stone of Stone & Vaughan, PLLC.
BullyVille founder James McGibney stated, "we are grateful that the 2nd Court of Appeals found in our favor and look forward to continuing our mission of helping victims of bullying, revenge pornography and online harassment."
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Page Updated Last on: May 23, 2018