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Trivista Oil Company LLC v. Fort Apache Energy, Inc.
The Austin Court of Appeals affirmed dismissal under the Texas Citizens Participation Act of Trivista Oil Company's tortious interference, trespass to try title, and declaratory judgment claims against Fort Apache Energy, which had contacted landowners holding existing bottom leases with Trivista to convince them to sign top leases or terminate their existing agreements. The court held that Fort Apache's communications with landowners were in connection with a matter of public concern under the TCPA, and that the commercial-speech exemption did not apply to preclude dismissal.
Analysis
Austin Court of Appeals Affirms TCPA Dismissal of Tortious Interference Claims Over Top-Leasing Activities
The Austin Court of Appeals affirmed dismissal under the Texas Citizens Participation Act of Trivista Oil Company's tortious interference, trespass to try title, and declaratory judgment claims against Fort Apache Energy, which had contacted Trivista's lessors to solicit top leases or lease terminations. The court held that Fort Apache's communications with landowners constituted protected speech on matters of public concern under the TCPA, and the commercial-speech exemption did not apply to preclude dismissal.
Austin Court of Appeals Affirms TCPA Dismissal of Operator's Claims Against Competitor Seeking Top Leases in Bastrop County
The Austin Court of Appeals affirmed dismissal under the Texas Citizens Participation Act of Trivista Oil Company's tortious interference, trespass to try title, and declaratory judgment claims against Fort Apache Energy, which had contacted landowners holding existing bottom leases with Trivista to convince them to sign top leases or terminate their existing agreements. The court held that Fort Apache's communications with landowners were in connection with a matter of public concern under the TCPA, and that the commercial-speech exemption did not apply to preclude dismissal.