TCPA Motion to Dismiss Granted Against Defamation and Tortious Interference Counterclaims Based on Litigation-Related Customer Letters

In Local Marketing v. Bennett, the Texas Business Court granted a TCPA motion to dismiss counterclaims for defamation and tortious interference, holding that letters sent to customers describing a TRO in the underlying litigation constituted communications "pertaining to" a judicial proceeding under Section 27.001(4)(A)(i). The court found that counterclaim defendants failed to establish a prima facie case for damages or defamation per se with clear and specific evidence, and awarded attorney's fees to the movant.