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Dissent Argues Business Court Correctly Applied Rule 91a Standard in Attorney Immunity Case

In a dissent from a mandamus proceeding reviewing Business Court Division 11B's denial of a Rule 91a motion to dismiss, an appellate judge argues that the majority improperly lowered the threshold for dismissal when evaluating attorney immunity as a defense to tortious interference claims. Taking the plaintiff's allegations as true—that Jackson sought to oust Reynolds's CEO to secure the position for himself—the dissent concludes the Business Court properly denied dismissal because the pleadings preclude any finding that Jackson's conduct qualifies for attorney immunity as a matter of law.

Dissent Justice Farris Opinion PDF ↓