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If a party petitions for dismissal under the TPPA and “makes a prima facie case that they have participated in a protected activity under the TPPA, the court may then dismiss the action against them, unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.”
“Professed technological incompetence is not an excuse for discovery misconduct” is not a court holding you want to see (James v. In today’s legal profession, lawyers must be technologically competent. This is reinforced by ABA Model Rule of Professional Conduct 1.1 CV 8931-VCL, 2014 WL 6845560 (Del. 5, 2014)).
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