Matthew Lippincott and Creg Parks v. Warren Whisenhunt
462 S.W.3d 507
| Tex. | 2015Background
- This case interprets the Texas Citizens Participation Act (TCPA) and its scope for dismissing claims involving free speech.
- Whisenhunt sued Lippincott and Parks for defamation, tortious interference, and conspiracy related to emails about Whisenhunt’s professional conduct.
- Lippincott and Parks moved to dismiss under the TCPA; the trial court granted partial dismissal and denied part of the claims.
- The court of appeals held the TCPA did not apply to private communications, reversing and remanding.
- The Supreme Court reverses, holding the TCPA applies to communications in any form, including private ones, if connected to a matter of public concern.
- The case is remanded to the court of appeals for proceedings consistent with the Supreme Court’s construction, including Lipsky standards for prima facie proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does TCPA apply to private communications? | Whisenhunt contends the Act applies to communications of any form, including private emails. | Lippincott and Parks argue the Act covers only public-form communications. | TCPA applies to private and public communications. |
| Were the emails connected to a matter of public concern? | Whisenhunt alleges the emails concern the medical practice and patient safety. | Lippincott and Parks contend the communication does not relate to a public concern. | The communications were connected to a matter of public concern (healthcare services). |
| What standard governs the prima facie burden under the TCPA? | Whisenhunt must show the claim is based on or related to protected speech. | Lippincott and Parks argue standard is met under the Lipsky framework for prima facie cases. | The standard aligns with Lipsky and requires prima facie showing under the TCPA; remand for full application. |
Key Cases Cited
- Neely v. Wilson, 418 S.W.3d 52 (Tex. 2013) (healthcare-related public concern supports TCPA consideration)
- In re M.N., 262 S.W.3d 799 (Tex. 2008) (liberal construction guiding TCPA interpretation)
- Molinet v. Kimbrell, 356 S.W.3d 407 (Tex. 2011) (statutory construction for communication definitions under TCPA)