Billionaire Kelcy Warren claimed that he was defamed by the Democratic candidate’s criticism of the power-grid failure in 2021.
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The Austin-based 3rd Court of Appeals said a district court judge in San Saba County mistakenly denied O’Rourke’s motion to dismiss in July 2022. Warren, a Dallas pipeline billionaire, had sued O’Rourke for defamation after the candidate repeatedly invoked Warren while criticizing Gov.
The legal journey kicked off more than a year ago, when O’Rourke opened his campaign with intense criticism over Abbott’s handling of the grid failure amid a severe winter storm. Warren’s pipeline company made a huge profit as demand for gas spiked, and O’Rourke seized on a $1 million donation Warren later made to Abbott, arguing it was effectively a bribe to go easy on Warren’s industry after the storm.
At the oral arguments in December, O’Rourke’s lawyer argued O’Rourke’s criticism of Warren was protected by the First Amendment. Warren’s attorney argued his client, as a private citizen, was afforded greater protection from defamatory statements.
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