On May 16, 2025, the Texas Supreme Court handled down its opinion in Walgreens v. McKenzie.
A woman was shopping at a Houston Walgreens store when she was detained on suspicion of shoplifting. The employee who detained her suspected she looked like someone who had stolen from the store previously. Other employees stated that she was not the same person who had previously stolen from the store. Regardless, police were called and when they reviewed the surveillance footage, they determined that she was not the thief and released her. The woman then sued for intentional infliction of emotional distress, negligence, gross negligence, respondeat superior and negligent hiring, training, and supervision.
Walgreens moved for dismissal under the Texas Citizen Protection Act, which the trial court denied. The Court of Appeals reversed in part and affirmed in part the denial, stating that some of the claims were not based “entirely” on the protected free speech (i.e. accusing the woman of being a thief). The Texas Supreme Court stated that the Court of Appeals should not have required all claims to be based “entirely” on the protective activity. Instead, the Texas Supreme Court looked towards the gravamen approached and if the claims were “based on” the protected activity, then the TCPA applies.
Accordingly, the Texas Supreme Court has made the TCPA a much broader shield than it typically was applied to (i.e. defamation claims brought typically in connection with social media). Now the act can be used to shield businesses from liability when they engage in every day activities such as trying to prevent loss due to theft.
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Christopher Chapaneri a distinguished Lydecker attorney with extensive expertise in civil litigation, construction defect, premises liability, amusement park litigation, commercial motor vehicle/trucking, employment law, and environmental litigation—including mold exposure and vegetation management/overspray matters. Chapaneri also has a robust appellate practice, having successfully handled cases before the Texas Supreme Court and the Fifth Circuit Court of Appeals.
In addition, Chapaneri brings substantial experience in handling high exposure and high-risk cases, further strengthening Lydecker’s ability to serve clients across multiple industries in Texas and beyond. Chapaneri also provides services in the State of Oklahoma.
