Marble Ridge has accused Neiman Marcus of a $1 billion fraudulent transfer. NM recently responded with a defamation counterclaim, walking squarely into the teeth of a Texas Anti-Slapp claim. More concerning for NM is the nasty judicial proceeding privilege affirmative defense raised by MR. Under Step 3 of the Texas Anti-Slapp, even if NM establishes all the elements of defamation, MR can still obtain dismissal by winning an affirmative defense.
Little doubt that this dog fight ends up before the Dallas COA.