Benjamin "B.J." Reynolds, Mark Mewshaw, Wes Hobbs and Terra Energy Partners, LLC v. Sanchez Oil and Gas Corporation

Summary

Texas Supreme Court vacated and remanded a court of appeals decision regarding the 60-day deadline to file a motion to dismiss under the Texas Citizens Participation Act (TCPA). The court held that an amended or supplemental pleading asserts a "new legal action" triggering a new 60-day period if it adds new parties, alleges new essential facts supporting previously asserted claims, or asserts new legal claims or theories, even if not both new claims and new facts. The lower court's contrary standard—requiring both new claims and new factual allegations—conflicted with the court's recent holdings in *Montelongo v. Abrea* and *Kinder Morgan SACROC, LP v. Scurry County*.

Holdings

1. The court of appeals' holding conflicts with Montelongo, which holds that either new claims or new factual allegations will assert a new legal action.

Questions Presented

1. Whether the court of appeals correctly held that the plaintiffs' second amended petition did not assert a new legal action under the TCPA, in light of the Texas Supreme Court's decisions in Montelongo v. Abrea and Kinder Morgan SACROC, LP v. Scurry County.

Disposition

vacated