A Texas appeals court has overturned $150,000 in sanctions, remanded for reconsideration an award of $375,383 in attorney fees, and vacated nonmonetary sanctions imposed by the trial judge on the operator of website purportedly aimed at stamping online bullying and other more lurid practices.

A three-judge panel of the Court of Appeals for the Second District said the sanctions levied against plaintiff James McGibney were unreasonable, and that nonmonetary sanctions are not permitted under the Texas Citizens Participation Act (TCPA). The court also said the counsel fees awarded to defendant Neal Rauhauser were unreasonable, but suggested that some fees could be awarded on remand.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]