Jan 25, 2019

Disparagement versus Freedom of Speech?

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McKnight’s is reporting on a Georgia case involving three nursing facilities who sued a plaintiff’s personal injury firm for ads that were false, fraudulent, deceptive and misleading and for violating a specific Georgia statute restricting the use of nursing home data in ads.  The defendants have filed a motion to dismiss based on free speech grounds.  The Georgia Supreme Courts heard arguments on Tuesday.

In Texas, it is likely any such claim would be subject to the Texas “Anti-Slapp” statute which is punitive to the losers of those who bring such causes of action.  It is advisable to seek counsel knowledgeable about the Texas statute before taking any action, including writing cease and desist letters, in a situation involving disparagement, defamation or causes of actions such as were filed in Georgia.  

Here is a good commentary on the Texas law and the inherent risks. 

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