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GOLDBERG v. EMR (USA HOLDINGS) INC.

No. 05-18-00261-CV.

594 S.W.3d 818 (2020)

Richard GOLDBERG, Kenneth Goldberg, Geomet Recycling, LLC, Josh Applebaum, Alicia McKinney, Eloisa Medina, Lee Wakser, Spencer Lieman, Mikel Shecht, Laura Myers, Henry Jackson, and Kelly Couch, Appellants, v. EMR (USA HOLDINGS) INC., EMR Gold Recycling, LLC, Gold Metal Recyclers Management, LLC, Gold Metal Recyclers, Ltd., GMY Enterprises, LLC, GMY, Ltd., Gold Metal Recyclers —Gainesville, DLLC, Gold Metal Recyclers—Fort Worth, LLC, Gold Metal Recyclers—Oklahoma, LLC, and Goldberg Industries, Inc., Appellees.

Court of Appeals of Texas, Dallas.

Opinion Filed January 23, 2020.

Attorney(s) appearing for the Case

Kenneth Chaim Broodo , Rachel Kingrey , Taylor White , Gardere Wynne Sewell LLP, Robert Thomas Slovak , Foley Gardere Foley & Lardner LLP, 2021 McKinney Avenue Ste. 1600 Dallas TX 75201-476, for Appellant.

Jeffrey M. Goldfarb , Goldfarb PLLC, Saint Ann Court 2501, Harwood Street, Ste. 1801, Dallas TX 75201, for Appellee.

Before Justices Myers and Whitehill.

OPINION ON REHEARING

This Court's opinion of August 22, 2019, is withdrawn. The following is the opinion of this Court.

This case concerns the applicability of the Texas Citizens Participation Act (TCPA) to breach of contract and various commercial torts, including...

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