The Lipsky Family in Parker County, TX has defeated a Range Resources petition in a SLAPP lawsuit seeking to reinstate certain business disparagement and civil conspiracy claims brought by the natural gas developer. SLAPP is the acronym for Strategic Lawsuit Against Public Participation.
In Texas a state law protects citizens exercising First Amendment rights from lawsuits by businesses who bring actions against parties who are critics of their actions, policies or developments. The Texas law enables defendants in such SLAPP lawsuits an expedited procedure to dismissing such harassing, vexatious lawsuits by corporate entities and others.
In the case of the Steve Lipsky family in Texas that was shown in Gasland, Range Resources filed defamation and conspiracy claims against Steve Lipsky and his wife and their environmental consultant, Alissa Rich.
Although the Texas law is intended to protect the public, it did not function in this manner for Steve Lipsky, who faced Range Resources relentless litigation and appeals against them.
Last Friday, Lipsky won decisively against Range Resources in the Texas Supreme Court through rejection of a Range Resource petition, although the appeal also involved rejection of a petition by Steve Lipsky as well. The Texas Supreme Court concluded that Range Resources could not continue its claims against the Lipsky family concerning civil conspiracy, and that the court of appeals did not properly consider the issue of evidence of 'business disparagement.'
However, it appears that Steve Lipsky may have to continue to defend against claims of simple defamation against Range Resources as the Supreme Court did not grant Lipsey's petition on those issues.
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13-0928
IN RE STEVEN LIPSKY; from Parker County; 2nd Court of Appeals District (02-12-00348-CV, 411 SW3d 530, 04-22-13)
2 petitions
The Court denies the petitions for writ of mandamus.
Justice Devine delivered the TX Supreme Court opinion [which should be studied by all anti-SLAPP lawyers, nationwide]:
http://www.txcourts.gov/...
All pleadings:
http://www.search.txcourts.gov/...
Oral argument:
http://texassupremecourt.mediasite.com/...
video:
http://texassupremecourt.mediasite.com/...
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The Lipsky family and Range Resources have been in a dispute which has had previous involvements by U.S. EPA and the Texas Railroad Commission, and other scientific researchers, with allegations that natural gas drilling, hydraulic fracturing and production operations caused thermogenic gas to be found in the Lipsky's and other neighboring wells, allegedly from a Range Resources operation a half mile away.
EPA declined to continue Safe Drinking Water Act litigation with Range Resources over the issue after Range Resources claimed the presence of nitrogen in the Lipsky well gas was an indicator that its origin was in the relatively shallow Strawn Formation and not in the formation in which Range Resources well was drilled.
The Texas Railroad Commission has largely rejected the allegation that there is a connection between the Range Resources operation and gas intrusion in the Lipsky well.