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SOUTHEAST TEXAS RECORD

Wednesday, May 1, 2024

Dismissed: Oberheiden Law appeal over denial of TCPA motion to dismiss

Lawsuits
Walstonhor

Judge Walston

BEAUMONT – The Ninth Court of Appeals recently dismissed an appeal brought by the Oberheiden Law Group.

The appeal stems from a lawsuit brought by Corrosion Resistant Solutions. The suit also names Nick Oberheiden, Oberheiden P.C., and Oberheiden & McMurrey as defendants.

Court records show that the plaintiff was served on Sept. 24, 2018 with a pre-litigation demand letter and draft petition requesting that they cease and desist from using regulatory compliance materials prepared by the defendants for another entity, Access Care MSO.

According to the defendants, the plaintiff filed suit in response – prompting the defendants to file a motion to dismiss under the Texas Citizens Participation Act, which Judge Kent Walston, 58th District Court, denied after a hearing on Aug. 13, 2020.

The defendants appealed, arguing that Judge Walston erred, court records state.

On Oct. 28, the Ninth Court dismissed the appeal, stating that the defendants filed an unopposed motion to dismiss with prejudice.

The motion to dismiss the appeal states that the parties have fully and finally resolved all of their differences.

Kent Adams and Marjorie Nicol, attorneys for the Houston law firm of Wilson Elser Moskowitz Edelman & Dicker, represented the defendants.

Attorneys Glen Morgan and Mark Frasher of Reaud, Morgan & Quinn represented the plaintiff.

Appeals case No. 09-20-00205-CV

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