The court dismissed every claim against our clients in the Intoxicology True Crime Podcast case.
On October 29, 2026, the 99th District Court in Lubbock County, Texas, signed an order granting our clients’ motion to dismiss under the Texas Citizens Participation Act (TCPA). The court dismissed with prejudice every claim Jennifer Kurlander asserted against Jason Wood, Candice Rose a/k/a Candice Childress, Shay Kindle, and Stephanie Nichols, including the claims in her amended petition. The court also denied her request for limited discovery, including depositions and written discovery concerning her employment termination.
The Argument Behind the Result
The lawsuit arose from podcast and social-media discussions concerning Jonathan Kindle’s 2006 death and the investigation. Our central argument was that these communications concerned a matter of public interest and that the plaintiff could not support her tortious-interference and civil-conspiracy claims with the evidence the TCPA requires against each individual defendant.
The TCPA provides an early dismissal procedure for qualifying lawsuits based on or responding to protected speech. Once its threshold requirements are met, the plaintiff must establish a prima facie case for each essential element of the challenged claim through clear and specific evidence. The statute also permits dismissal when a defendant establishes a defense or other entitlement to judgment as a matter of law. Tex. Civ. Prac. & Rem. Code § 27.005.
The court granted our motion without identifying a particular argument as its basis. The order should not be read as a finding that every disputed statement was true.
What This Means for Our Clients
Our clients faced claims seeking damages and restrictions on future discussion, along with removal of previously published podcast content. The dismissal rejects those claims at the trial-court level rather than allowing them to proceed to trial. The stakes involved both financial exposure and the ability to continue participating in public discussion.
Why the Case Matters
Public discussion increasingly takes place through podcasts and social media. The TCPA’s definition of communication reaches oral, written, audiovisual, and electronic statements; its speech protections concern communications connected to matters of public concern. The medium alone does not determine whether those protections apply. Tex. Civ. Prac. & Rem. Code § 27.001.
This result illustrates the importance of an early opportunity to challenge speech-based claims. It does not create blanket immunity for online commentary: the TCPA preserves a path forward for claims supported by the required evidence.
What Happens Next?
The court ordered that our clients recover reasonable attorney’s fees and court costs, with the amounts to be determined after further evidence and briefing.
