One of my first blog posts dealt with application of the Texas Anti-Slapp in the Fifth Circuit. https://www.antislapptexas.com/blog/2018/12/30/the-texas-anti-slapp-and-federal-courts
The Fifth Circuit has at least two cases fully submitted that may finally decide the issue. Until then, a look at twelve 2018/19 District Court opinions shows it depends on the district you are in and the judge you draw as to whether the TCPA will be applied.
Off the cases I located, here’s the score card:
7 times Court’s held the TCPA does not apply in federal court.
3 times the Court held the TCPA did apply.
2 times were effectively no decisions where the Court assumed, without deciding, it applied.
SD TX — 2 apply, 1 no decision, 1 does not apply
ED TX — 3 does not apply,
WD TX — 2 does not apply
ND TX — 1 apply, 1 no decision, 1 does not apply
Make sure to vet your Judge’s opinions on Texas Anti-Slapp, there are clear patterns for certain courts.
