STAR SYSTEMS INTERNATIONAL LIMITED v. NEOLOGY INCORPORATED (2019)

The district court denied Neology, Inc.’s motion to dismiss after concluding that the Texas Citizens Participation Act (TCPA)—Texas’ anti-SLAPP statute—did not apply in a federal diversity proceeding. Neology appealed pursuant to the collateral order doctrine.

At the time Neology filed its appeal, we had not yet ruled on whether, and to what extent, the TCPA applied in federal courts. Since then, this court confronted the question head-on in Klocke v. Watson, where we concluded that the TCPA's burden-shifting framework conflicted with Fed. R. Civ. P. 12(b)(6) and Fed. R. Civ. P. 56. 936 F.3d 240, 247 (5th Cir. 2019). The TCPA therefore constituted a state procedural statute and was not applicable in a federal diversity proceeding. Id.

For the reasons stated in Klocke, we affirm the district court's order.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.