H-E-B wants Texas Supreme Court to toss defamation and disparagement claims in suit against grocer
On ExpressNews.com:Maverick responded five days later by suing H-E-B in Jefferson County for breach of contract. Maverick amended its lawsuit to include the business disparagement and defamation claims based on comments H-E-B made about its lawsuit to the San Antonio Express-News.
Maverick accused H-E-B of taking “affirmative actions to ‘leak’ or publicize” its lawsuit against the company and said the grocer’s actions amounted to business disparagement and defamation. The Express-News obtained the lawsuit, which is public record, through a routine check of court filings. In its petition for review filed Friday, H-E-B said the appeals court “impermissibly broadened the TCPA’s commercial speech exception.”
H-E-B adds the appeals court’s ruling “categorically excludes retailers from the TCPA’s protections.”