Oklahoma Court of Appeals Looks to Cases Interpreting the Texas Anti-Slapp

The Oklahoma Citizens Participation Act (“OCPA”) is substantially similar to the Texas Anti-Slapp, and recently in Southwest Orthopaedic Specialists, P.L.L.C. v. Allison, Case No. 116,348, --- P.3d ---- (OK COA 2018), the Oklahoma Court of Appeals relied heavily on Texas case law in drawing the contours of the OCPA. In particular, with regard to what is necessary to survive dismissal for the damages elements of a claim. Although determining the plaintiff had not met the damage elements of their claims, it remanded to the trial court for a new hearing (ostensibly giving the plaintiff a chance to cure its damage deficiencies).It’s safe to guess that Oklahoma litigators will continue to look to Texas Anti-Slapp case law in the future.