The Texas anti-SLAPP law (the “TCPA”) imposes a number of deadlines that can fit awkwardly with federal practice. The panel majority in Cuba v. Pylant concluded that when no hearing is held on a TCPA motion as required by the statute (hearings being common in Texas state practice but not in federal court), appeal-related deadlines that start from the hearing date do not begin to run. A dissent said: “Applying an Erie analysis, I conclude that the TCPA is procedural and must be ignored.” Nos. 15-10212 & -10213 (Feb. 23, 2016).
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