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    Facebook Tracy Dissent

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    Elizabeth Nolan Brown
    The document summarizes three petitions for writ of mandamus filed against Facebook relating to lawsuits in Texas state courts. The majority of the Fourteenth Court of Appeals denied the petitions for writ of mandamus. A dissenting opinion was filed arguing that Facebook has immunity from the lawsuits under federal law and the suits have no legal basis, so dismissal was proper. The dissent urges the Texas Supreme Court to review the cases.

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    Facebook Tracy Dissent

    Uploaded by

    Elizabeth Nolan Brown
    14 views2 pages
    The document summarizes three petitions for writ of mandamus filed against Facebook relating to lawsuits in Texas state courts. The majority of the Fourteenth Court of Appeals denied the petitions for writ of mandamus. A dissenting opinion was filed arguing that Facebook has immunity from the lawsuits under federal law and the suits have no legal basis, so dismissal was proper. The dissent urges the Texas Supreme Court to review the cases.

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    Texas Fourteenth Court of Appeals

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    The document summarizes three petitions for writ of mandamus filed against Facebook relating to lawsuits in Texas state courts. The majority of the Fourteenth Court of Appeals denied the petitions for writ of mandamus. A dissenting opinion was filed arguing that Facebook has immunity from the lawsuits under federal law and the suits have no legal basis, so dismissal was proper. The dissent urges the Texas Supreme Court to review the cases.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    14 views2 pages

    Facebook Tracy Dissent

    Uploaded by

    Elizabeth Nolan Brown
    The document summarizes three petitions for writ of mandamus filed against Facebook relating to lawsuits in Texas state courts. The majority of the Fourteenth Court of Appeals denied the petitions for writ of mandamus. A dissenting opinion was filed arguing that Facebook has immunity from the lawsuits under federal law and the suits have no legal basis, so dismissal was proper. The dissent urges the Texas Supreme Court to review the cases.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Petitions for Writ of Mandamus Denied and Memorandum Majority and

    Dissenting Opinions filed April 28, 2020.

    In The

    Fourteenth Court of Appeals

    NO. 14-19-00845-CV

    NO. 14-19-00847-CV

    IN RE FACEBOOK, INC. AND FACEBOOK, INC. D/B/A INSTAGRAM,


    Relators

    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    334th District Court
    Harris County, Texas
    Trial Court Cause Nos. 2018-69816, 2018-82214

    NO. 14-19-00886-CV

    IN RE FACEBOOK INC. D/B/A INSTAGRAM, Relator

    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    151st District Court
    Harris County, Texas
    Trial Court Cause No. 2019-16262
    MEMORANDUM DISSENTING OPINION

    I respectfully dissent from these denials of mandamus and I urge the Texas
    Supreme Court to review these cases. Federal law grants Facebook immunity from
    suits such as these. See 47 U.S.C. § 230. Because Facebook has immunity, these
    suits have no basis in law, and dismissal under Texas Rule of Procedure 91a is
    proper.

    The Real Parties in Interest urge our court to adopt a construction of Section
    230 that has been adopted by only a few courts. The vast majority of the courts
    reviewing this law have adopted the arguments made by Facebook. The artful
    pleading by the Real Parties in Interest should not prevail over the statute.

    Fewer cases discuss the 2018 amendments to Section 230 known as the Fight
    Online Sex Trafficking Act of 2017 (“FOSTA”). However, this exception to
    immunity—on its face—does not apply to a civil action in state court.

    Because Facebook has federal statutory immunity from these suits, I


    respectfully dissent.

    /s/ Tracy Christopher


    Justice

    Panel consists of Justices Christopher, Spain, and Poissant.

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