HOUSTON – The First Court of Appeals recently affirmed the denial of a motion to dismiss under the Texas Citizens Participation Act in a lawsuit between Infinity Systems and Gray Mechanical Contractors.
Court records show Gray Mechanical Contractors sued its competitor, Infinity Systems, and two former employees over an alleged scheme to misappropriate Gray’s confidential information.
Infinity answered the suit and later filed an amended TCPA motion to dismiss Gray’s claims as targeting its First Amendment rights, namely its right of free speech and right of association.
The trial court denied the motion and an appeal ensued.
On Sept. 22, the First Court found the TCPA does not apply, affirming the trial court’s ruling.
“We hold that the trial court did not err in denying Infinity’s TCPA motion to dismiss because the TCPA does not apply,” the opinion states. “We affirm.”
Appeals case No. 01-19-00253-CV