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Media defendants prevail in anti-SLAPP case involving concrete plant

Austin DJ Greg Thompson, better known by his on-air moniker “Bama Brown”, and Capstar TX, LLC have prevailed in a SLAPP lawsuit case filed against them by a local concrete plant.

SLAPP is an acronym for "strategic lawsuit against public participation." 

Typically, an individual or corporation files a SLAPP-type civil lawsuit in order to chill the valid exercise of free speech. 

Those filing such suits seek to silence the other party by placing the financial burden of lawsuit defense on them, making it too costly to speak out.

In this particular case, Thompson spoke on-air and in other stations’ news reports about Expedition LLC and Dripping Wet Concrete’s plans to build a concrete batch plant in a local neighborhood. 

Expedition said Thompson and others had made false statements and defamed the company.

The suit asked for up to one million dollars in damages.

Attorneys Laura Prather and Alicia Calzada of TAB Associate member law firm Haynes and Boone utilized the Texas Citizens Participation Act, an anti-SLAPP lawsuit measure, to get the lawsuit dismissed without discovery.

TAB provided major financial and grassroots support to help pass the measure in the 2011 Legislature.  

The Texas anti-SLAPP law is among the strongest in the country. 

Prather drafted the original legislation as well as testified and negotiated bill language on TAB’s behalf as the measure moved the Legislature.

Further refinements to the law were secured by TAB in subsequent legislative sessions.

Questions?  Contact TAB's Michael Schneider or call (512) 322-9944.

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