Porter Hedges Wins Landmark Texas Citizen Participation Act Case Before the Texas Supreme Court

Porter Hedges successfully secured a unanimous opinion from the Texas Supreme Court in favor of its client, Haven at Thorpe Lane, LLC (Haven), in a closely watched case interpreting the Texas Citizens Participation Act (TCPA).

The Court held that discovery motions—including those seeking sanctions—do not qualify as “legal actions” under the TCPA, resolving a long-standing appellate court split and reinforcing the proper use of discovery in Texas litigation.

The appeal arose after Haven, owner of a student housing complex in San Marcos, Texas, was sued for alleged misrepresentations regarding construction delays. When plaintiffs admitted to destroying key evidence, Haven sought discovery from non-party witnesses. While represented by the same attorneys as plaintiffs, those witnesses produced some information but withheld a substantial amount under questionable privilege claims. Haven then filed a motion to compel and sought to recover fees. In response, the non-party witnesses filed a TCPA motion to dismiss, claiming constitutional protection. The Supreme Court reversed the 2-1 lower appellate ruling, confirming such procedural motions fall outside the TCPA’s reach.

For the full opinion, see here.