Cole Schotz P.C. secured a major victory for their clients Acius Group, LP and Survivor Outreach Services, LLC

September 13, 2019Attorney: James W. Walker
Jim Walker and Ben Wallen secured a major victory for their clients Acius Group, LP and Survivor Outreach Services, LLC in their pursuit of corporate fraud, embezzlement, and related claims against their former CFO and his wife. On Friday, September 13, 2019, the Texas Court of Appeals for the Fifth District at Dallas affirmed a trial court’s denial of a Texas Citizens Participation Act (TCPA) Motion to Dismiss filed in response to the corporate fraud and related claims brought against the former CFO. In affirming the denial of the TCPA motion to dismiss, the Dallas Court of Appeals found the doctrine of quasi estoppel to be a distinct basis on which the trial court could have denied the TCPA Motion to Dismiss filed by former CFO, separate and apart from contesting the applicability of the TCPA to the claims. In so ruling, the Dallas Court of Appeals continued its recent trend of reigning in and otherwise limiting the scope of the TCPA so as to not apply to meritorious claims.

The Court of Appeals also denied an attempt by the CFO’s spouse to dismiss defamation claims filed against her by improperly alleging that the TCPA applied to her right of association and free speech in making certain defaming statements. Although the majority opinion determined that the TCPA did apply to some additional defaming statements made by the CFO’s spouse, one justice wrote separately to dissent as to this determination.

Hosted on the FirmWise platform.

© Cole Schotz P.C.


The materials on this site have been prepared by Cole Schotz P.C. for general informational purposes only and are not intended to constitute legal advice. Viewers should not act upon this information without seeking professional counsel on the specific facts and circumstances in question from an attorney licensed in their jurisdiction. Use of this site does not create an attorney-client relationship between the user and Cole Schotz or any lawyer(s) within the firm. Any information sent to Cole Schotz or its lawyers through this site will not be treated as confidential and is not protected by the attorney-client privilege.

© Cole Schotz P.C.

Attorney Advertising

This website is an advertisement for a law firm. Statements and previous outcomes do not imply similar results in your matters.

© Cole Schotz P.C.


Thank you for your interest in our publication. Please fill out below and a copy will be sent to your email address.


For Important Legal Updates and Resources on the Coronavirus Click Here.