Terrence L. Daniels v. Barbara Browder, Susana Martinez, in Her Individual and Official Capacities, Amy Orlando, in Her Individual and Official Capacities, Susan Riedel, in Her Individual and Official Capacities, James Dickens, in His Individual and Official Capacities, 538 S.W.3d 139

Background

Terrence Daniels (Texas resident) was criminally charged in New Mexico for aggravated stalking; charges were later dismissed after a directed verdict and case closure.
Daniels sued many New Mexico residents and one Texas defendant in El Paso state court alleging fraud, defamation, malicious prosecution, false imprisonment, constitutional violations, and related conspiracy claims.
Most defendants (New Mexico residents) moved to dismiss based on forum non conveniens; three media defendants moved under the Texas Citizens Participation Act (TCPA) to dismiss Daniels’ libel claims arising from two newspaper articles.
The 448th District Court granted multiple dismissal motions; the case transferred to the 243rd District Court, which dismissed remaining defendants (including the Texas defendant and one New Mexico defendant).
On appeal Daniels challenged (1) forum non conveniens dismissals, (2) TCPA dismissals for the media, (3) alleged void 448th-court orders/lack of hearing, (4) failure to protect federal rights under the Supremacy Clause, and (5) judicial bias.
The court affirmed forum non conveniens dismissals for non-media defendants, reversed and remanded the TCPA dismissals of the media defendants for procedural defects, and rejected Daniels’ other claims.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Forum non conveniens dismissal of non-media defendants	Daniels: torts were directed at him in Texas and statutory forum non conveniens (Tex. Civ. Prac. & Rem. Code §71.051) prohibits dismissal of a Texas resident's suit	Defendants: most conduct and witnesses are in New Mexico; New Mexico is available and adequate forum; common-law forum non conveniens applies	Held: §71.051 (statutory) inapplicable (covers bodily injury/wrongful death); common-law forum non conveniens dismissal affirmed because private and public factors favored New Mexico
TCPA dismissal of media defendants	Daniels: media missed or failed to comply with TCPA deadlines; articles were libelous so TCPA should not apply	Media: articles are communications on matters of public concern and they timely filed TCPA motions	Held: TCPA dismissals reversed/remanded — court found statutory timing/hearing requirements were not satisfied and the orders were improvidently granted
Alleged void orders / lack of hearing in 448th court	Daniels: 448th court dismissals were void for lack of a hearing; 243rd court wrongly refused to declare them void	Defendants: a hearing occurred (Feb 20, 2013) and parties briefed; 448th court had plenary power before transfer	Held: No voidness — hearing occurred and 243rd court acted properly; issue overruled
Supremacy Clause / federal claims	Daniels: state court dismissal violated Supremacy Clause because federal constitutional claims were asserted	Defendants: state courts have general jurisdiction to hear federal claims unless exclusive federal jurisdiction exists	Held: Rejected — dismissals were on forum non conveniens grounds, not refusal to adjudicate federal law; issue overruled
Judicial bias	Daniels: judge’s admonitions to retain counsel and adverse rulings show bias	Defendants: remarks reflect admonition/annoyance, not deep-seated antagonism	Held: Rejected — remarks insufficient to establish bias that would make fair judgment impossible

Key Cases Cited

Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (U.S. 1947) (describes purpose and balancing in forum non conveniens analysis)
Quixtar Inc. v. Signature Mgmt. Team, LLC, 315 S.W.3d 28 (Tex. 2010) (standard of review for dismissal under forum non conveniens)
In re Elamex, S.A. de C.V., 367 S.W.3d 879 (Tex. App.—El Paso 2012) (discusses forum non conveniens factors and deference to trial court)
Yoroshii Investments (Mauritius) Pte. Ltd. v. BP Int'l Ltd., 179 S.W.3d 639 (Tex. App.—El Paso 2005) (availability and adequacy of alternate forum analysis)
In re Bridgestone Americas Tire Operations, LLC, 459 S.W.3d 565 (Tex. 2015) (scope of statutory forum non conveniens limited to bodily injury/wrongful death)
Newspaper Holdings, Inc. v. Crazy Hotel Assisted Living, Ltd., 416 S.W.3d 71 (Tex. App.—Houston [1st Dist.] 2013) (TCPA timing/hearing requirements and invalidity of rulings made in violation of statutory deadlines)