AUSTIN - The Third Court of Appeals today reversed the denial of a motion to dismiss under the Texas Citizens Participation Act – a motion brought by the Texas Tribune and several other media defendants.
The dispute arises from a news story about the efforts of MRG Medical and its founder, Kyle Hayungs, to secure contracts from local governments during the pandemic.
MRG Medical sued the Tribune and ProPublica, along with three reporters who worked on the story, for business disparagement, tortious interference with current and prospective contracts, and civil conspiracy.
Court records show the media defendants moved to dismiss under the TCPA. The trial court denied the motion and the appeal followed.
The Third Court found that because MRG’s business disparagement claim is based solely on defamatory statements, a one-year statute of limitations applied.
“We reverse the district court’s order and render judgment dismissing MRG Medical’s claims,” the opinion states. “We remand to the district court to consider the Media Defendants’ request for court costs, attorney’s fees, and sanctions.”
Appeals case NO. 03-23-00293-CV