Neal Rauhauser Loses Again


The Texas Supreme Court has denied Neal Rauhauser’s petition for review of the Appeals Court’s ruling setting aside the $150,000 (originally $1,300,000) sanction he was awarded against James McGibney and ordering him to pay McGibney’s fees and costs instead.

Here’s the order. Scroll down to page 4.

Everything is proceeding as I have foreseen.

UPDATE—Corrected the amount of the sanction and added a link to the Appeals Court ruling.

And In Other Good First Amendment News …


The largest anti-SLAPP penalty ever awarded is now the largest anti-SLAPP penalty ever reversed and remanded. The 2nd State Court of Appeals in Fort Worth, Texas, found the 67th State District Court in Fort Worth had abused its discretion in awarding Neal Rauhauser more than $300,000 in attorney’s fees, $150,000 in sanctions (initial sanction award was $1,000,000), and additional non-monetary sanctions not authorized by the Texas Citizen’s Participation Act (TCPA). The court further ordered Appellee Neal Rauhauser to pay all costs of the appeal to the prevailing parties, James McGibney and ViaView, Inc., the parent company of the BullyVille website.

James McGibney stated, “It’s not an everyday occurrence that you see a fugitive, with four outstanding warrants for their arrest, win and then, in dramatic fashion, lose one million dollars, without ever stepping foot in a courtroom. That’s exactly what happened to defendant Neal Rauhauser, and we are grateful that the SecondCourt of Appeals found in our favor.”

Everything is proceeding as I have foreseen.

UPDATE—More here.