Hicks Thomas partner Steve Barrick was interviewed by Law360 in an article discussing some of Texas’ most significant decisions in 2019.
The article, “Biggest Texas Cases Of 2019” (subscription required), featured interviews with attorneys from around the state commenting on standout rulings, including the Fifth Circuit decision in August stating that the Texas Citizen’s Participation Act cannot apply in federal court because it conflicts with the Federal Rules of Civil Procedure.
Mr. Barrick, a trial lawyer and appellate specialist, said the case provides important guidance to practitioners.
“The Fifth Circuit basically said that the litigation trend that has been consuming Texas state courts is not going to apply in federal court,” he said. “So this issue is most likely put to bed now, but there is some room to argue that the case may have been overtaken by the recent amendments to the [Texas Citizens Participation Act].”
Lawmakers narrowed the scope of cases where the Texas Citizens Participation Act can apply this session, removing from its purview trade secrets disputes, fraud cases and cases where employers are trying to enforce noncompete or nondisparagement agreements.
Mr. Barrick adds that the amendments did not make a “meaningful difference” for the purposes of the Fifth Circuit's Texas Citizens Participation Act analysis.
“That's my expectation, that even though some of the wording and standards changed … it's not going to make a difference on whether it applies in federal court,” he told Law360.
Mr. Barrick is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. With more than 20 years of experience litigating complex business disputes, he concentrates his practice on business litigation and appeals.
To schedule an appointment with Mr. Barrick, contact our firm today.
