Texas Libel Law

RAHUL K. NATH, M.D. AND USHA NATH V. BAYLOR COLLEGE OF MEDICINE AND TEXAS CHILDRENâ€™S HOSPITAL

<center><h2> Houston, Texas â€“ Civil Litigation lawyer represented Plaintiff who sued Defendant claiming interfered with their sale of real property. </center></h2></center> To understand the claims, it is necessary to briefly recount the parties' past litigation. The sanctions order that led to Nath I and Nath II In 2006, ... More...

$0 (11-22-2022 - TX)

James Preservation Trust, Eric F. James d/b/a Stray Leaves, Leaves of Gas v. Rob Burley, Burley Auction Group, Inc., Lois Gibson, and Terry Verburgt

<center><h2> San Antonio, Texas â€“ Libel, Slander and Defamation lawyer represented Appellees/Plaintiffs with asserting claims for defamation. </center></h2></center Appellees/Plaintiffs Robb Burley, Burley Auction Group, Inc., Lois Gibson, and Terry Verburgt (the Burley Plaintiffs) sued Appellants/Defendants JamesPreservation Trust, Eric F. ... More...

$0 (10-02-2022 - TX)

Gary Bruce Peek v. Linda Mayfield

<center><h3><h3>Fort Worth, TX - Revocable Trust lawyer represented Appellant in a trust dispute. </h3></center> A. Background from the El Paso Court of Appeals The factual setting for this case was well stated in an earlier opinion from the El Paso Court of Appeals: FACTUAL SUMMARY Russell and Dorothy Peek were th... More...

$0 (03-23-2022 - TX)

Joe Feehan, et al. v. Krystal Duhaney, et al.

Austin, TX: Personal injury lawyer represented Plaintiff, who sued Defendants on libel and slander theories claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of Defendants' wrongful conduct. The claims made and defenses asserted are not available for this case. This case was initially filed in the 200th Judicial District Court of Travis Cou... More...

$0 (08-09-2021 - TX)

WARNER BROS. ENTERTAINMENT, INC.; WARNER BROS. TECHNICAL OPERATIONS, INC. D/B/A WARNER BROS. ADVANCED DIGITAL SERVICES; TMZ PRODUCTIONS, INC.; EHM PRODUCTION, INC. D/B/A TMZ; TMZ.COM; AND ELIZABETH MCKERNAN, PETITIONERS, v. ROBERT JONES, RESPONDENT

<center><h2><center> Austin, Texas - Defamation lawyer represented defendant with a defamation lawsuit charge. </h2></center> Robert Jones is a former Dallas Cowboys football star who played ten seasons in the National Football League (NFL). His illustrious career is marked by several notable accomplishments: first-round draft pick in 1992, NFL Roo... More...

$0 (08-25-2021 - TX)

Jerome Corsi and Larry Klayman v. Infowars, LLC

Austin, Texas personal injury lawyer represented Plaintiffs who sued Defendants on libel and slander theories. The claims made and defenses asserted by the parties are not available. ... More...

$0 (07-23-2021 - TX)

Sabrenda T. Littles v. Riverwalk Council of Co-Owners, Inc, et al.

<center> <img width="300" src="http://www.txcourts.gov/media/124907/tarrant-co-courthouse.jpg"> </center> Appellant/cross-appellee, Sabrenda T. Littles, challenges the trial court's rendition of summary judgment in favor of appellees/cross-appellants, Riverwalk Council of Co-Owners, Inc. ("Riverwalk") and JDH Association Management Co. ("JDH") (collectively, "appellees"), in Littl... More...

$0 (07-31-2018 - TX)

James W. Paulsen v. Ellen A. Yarrell

This is an appeal from a take-nothing final summary judgment rendered in favor of appellee Ellen A. Yarrell on appellant James W. Paulsen’s defamation claims. Paulsen challenges the trial court’s denial of a motion to dismiss, which attempted to invoke the Texas Citizens Participation Act. See TEX. CIV. PRAC. & REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment was imprope... More...

$0 (10-14-2017 - TX)

Tom Retzlaff v. Philip R. Klein, Klein Investigations & Consulting, and James W. Landess

This appeal is brought under section 51.014(a)(12) of the Texas Civil Practice and Remedies Code, which allows an appeal from an interlocutory order denying a motion to dismiss under the Texas Citizens Participation Act (TCPA). See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(12) (West Supp. 2016). The appellant, Tom Retzlaff, argues the trial court erred in denying his m... More...

$0 (08-02-2017 - TX)

The Samuel Y. Dorfman, Jr. Estate, through its Independent Executor, and Stacey Kivowitz v. Proactive Inventory , Inc., Alison Wood Solomon, and Marion Haggar Bryan

Appellees Proactive Inventory, Inc., Allison Wood Solomon, and Marion Haggar Bryan sued The Estate of Samuel Y. Dorfman, Jr. (the Estate) for business disparagement, slander, and libel based on two allegedly defamatory communications about the quality of appellees’ work for the Estate. The Estate sought dismissal of appellees’ claims under the Texas Citizens Participation Act, TEX. CIV. PRAC. ... More...

$0 (07-11-2017 - TX)

James W. Paulsen v. Ellen A. Yarrell

This is an appeal from a take-nothing final summary judgment rendered in favor of appellee Ellen A. Yarrell on appellant James W. Paulsen’s defamation claims. Paulsen challenges the trial court’s denial of a motion to dismiss, which attempted to invoke the Texas Citizens Participation Act. See TEX. CIV. PRAC. & 2 REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment w... More...

$0 (05-25-2017 - TX)

Joan Johnson, Kaleta Johnson, Seth Johnson and Wirt Blaffer v. Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C.

After siblings Kaleta and Seth Johnson sued Dinesh Shah for Shah’s protracted abuse of their family, Michael Phillips, a Houston attorney, defended Shah against the allegations in a 2008 civil trial. Phillips later published a book, titled “Monster in River Oaks,” about the events giving rise to the suit. According to its prologue, the book tells the “story of a predatory monster that ... More...

$0 (05-23-2017 - TX)

Jerry C. Johnson and Jacob Johnson v. State Farm Mutual Automobile Insurance Company

This appeal arises from a suit brought by Jerry C. Johnson seeking declarations construing the terms of two insurance policies following an automobile accident in which Jerry’s son, Jacob, a minor at the time, was injured while Jerry was driving.1 See Tex. Civ. Prac. & Rem. Code §§ 37.001–.011. Jerry sued State Farm Mutual Automobile Insurance Company, which had issued Jerry ... More...

$0 (04-06-2017 - TX)

John M. Donohue v. City of Boerne Chief of Police James Koehler

John M. Donohue challenges the trial court’s judgment granting the pleas to the jurisdiction filed by the City of Boerne’s Police Chief James Koehler and Police Officer Pablo Morales. Donohue also challenges the trial court’s judgment granting Martha Donohue’s plea to the jurisdiction rendered in the same proceeding. We affirm the trial court’s judgment granting Chief Koe... More...

$0 (03-09-2017 - TX)

Jerry Weaks and Joyce Weaks v. Kathleen Jeanette White

On June 5, 2002, the Weakses, as sellers, and White, as purchaser, executed a document entitled “Contract for Deed” pursuant to which White agreed to make a down payment and monthly installments for ten years to purchase a small tract of land and a mobile home. White did not make a payment in December 2011, January 2012, or February 2012. In February 2012, the Weakses demanded that she pay the... More...

$0 (10-21-2015 - TX)

Jessica Shannon v. Memorial Drive Presbyterian Church U.S.

We are asked to decide whether ecclesiastical immunity can shield a church from contractual liability when the subject contract does not implicate church doctrine. In seven issues, appellant Jessica Shannon challenges the trial court’s grant of appellee Memorial Drive Presbyterian Church’s plea to the jurisdiction and motions for summary judgment. Concluding that the Church is ... More...

$0 (07-26-2015 - TX)

Art Reyna v. Irene Baldridge and Kathy Hill

Appellant Art Reyna was sued by Appellees Irene Baldridge and Kathy Hill for libel per se based on a printed campaign advertisement distributed shortly before a Leon Valley City Council election in May 2013. Reyna moved to dismiss Appellees’ suit under the Texas Citizens Participation Act (TCPA), but the trial court denied his motion, and he filed this interlocutory appeal. Because Appellees est... More...

$0 (07-15-2015 - TX)

Mikob Properties, Inc., Allan Klein, and Mitchell Kobernick v. David Joachim, International Realty Concepts, Inc., and H.S. Joachim Family Limited Partnership LTD.

This breach of contract case arises out of a settlement agreement negotiated by business people who were represented by counsel. Appellants assert five issues that present three areas of dispute: (i) whether the trial court erroneously dismissed appellants' claim that the appellees breached a settlement agreement by pursuing a lawsuit not mentioned in the settlement agreement; (ii)... More...

$0 (05-19-2015 - TX)

David Mauk v. Pipe Creek Water Well, LLC and Robert Rae Powell

Appellant David Mauk, the general manager for Bandera County River Authority and Groundwater District, was sued for defamation, slander per se, and business disparagement. Mauk moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act. He asserted he was immune from suit because he was a governmental unit employee acting within the scope of his employment and the suit could h... More...

$0 (05-20-2015 - TX)

In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: "While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.â€1 In this original proceedingâ€”involving a heart surgeon who claims his former hospital retaliated against him for joining a c... More...

$0 (05-22-2015 - TX)

Chris Davis v. Motiva Enterprises, LLC

Chris Davis sued (1) Chris Fournet for invasion of privacy by public disclosure of private facts and by intrusion on seclusion, libel, and intentional infliction of emotional distress; and (2) Motiva Enterprises, L.L.C. for negligent supervision, negligent entrustment, and negligent undertaking.1 Motiva filed a motion to dismiss based on the Communications Decency Act ("CDAâ€), which the tria... More...

$0 (04-02-2015 - TX)

LeaAnne Klentzman and Carter Publications, Inc., d/b/a The West Fort Bend Star v. Wade Brady

Appellee, Wade Brady, sued appellants, Carter Publications, Inc. d/b/a The West Fort Bend Star ("The Starâ€) and LeaAnne Klentzman, a reporter for The Star, alleging that they defamed him in a January 15, 2003 article ("the Articleâ€). Based 2 on the jury's verdict in Wade's favor, the trial court signed its final judgment awarding him actual and exemplary damages. In nin... More...

$0 (12-18-2014 - TX)

The State of Texas v. Valerie Saxion, Inc.

In two issues in this accelerated interlocutory appeal, Appellants the State of Texas and Greg Abbott, in his official capacity as Attorney General of the State of Texas (collectively, the State) argue that the trial court erred by denying their 2 plea to the jurisdiction on the Free Exercise and federal Religious Freedom Restoration Act (RFRA) claims of Appellees Valerie Saxion, Inc. and ... More...

$0 (12-05-2014 - TX)

Baltasar D. Cruz v. James Van Sickle

Baltasar D. Cruz sued James Van Sickle, Karl-Thomas Musselman d/b/a Burnt Orange Report, and Katherine Haenschen for libel. Appellees moved to dismiss the suit pursuant to the Texas Citizens Participation Act (the Act),1 commonly referred to as an anti-SLAPP2 statute, designed to protect citizens who exercise their constitutional rights to, among other things, communicate about matters of public c... More...

$0 (12-04-2014 - TX)

Darrin Opaitz v. Gannaway Web Holding, L.L.C., d/b/a Worldnow; Raycom Media, Inc. d/b/a KCBD-TV NewsChannel 11; and James Clark

Appellant, Darrin Opaitz, challenges the trial court's order granting summary judgment in favor of media Appellees, Gannaway Web Holdings, LLC, d/b/a Worldnow, Raycom Media, Inc., d/b/a KCBD-TV NewsChannel 11 and James Clark, individually, (collectively KCBD) in his suit for invasion of privacy, defamation by libel, defamation by libel per quod and declaratory judgment. 2 BACKGROUND Op... More...

$0 (11-18-2014 - TX)

R. Scott Phelan v. H. Scott Norville

Appellant and Cross-Appellee, R. Scott Phelan, and Appellee and Cross-Appellant, H. Scott Norville, both appeal a judgment rendered in Phelan's favor following a jury trial on Phelan's assault and libel claims against Norville. The jury awarded Phelan a total monetary award of $590,000, consisting of $15,000 for physical pain/mental anguish as a result of the assault claim, $325,000 for past and f... More...

$0 (09-22-2014 - TX)

Cynthia Paroski v. Stavick2 Inc. d/b/a Tropix

Cynthia Paroski appeals the trial court's judgment in favor of Stavick2 Inc. d/b/a Tropix (Tropix). In several issues, Paroski generally contends the trial court erred in entering judgment against her because there was no enforceable contract between Tropix and the employee she hired, and (2) Tropix engaged in a fraudulent transfer. For the following reasons, we affirm the trial court's judgment.<... More...

$0 (07-30-2014 - TX)

Salem Abraham v. Daniel Greer and Fix The Facts Foundation d/b/a AgendaWise

Is a public official always a public official . . . that seems to be the underlying question in the appeal before us. Salem Abraham appeals from an order dismissing his lawsuit for libel against Daniel Greer and Fix the Facts Foundation, d/b/a AgendaWise (collectively referred to as AgendaWise). The order of dismissal was entered pursuant to Chapter 27 of the Texas Civil Practice and Remedies ... More...

$0 (07-25-2014 - TX)

American Heritage Capital, LP v. Dinah Gonzalez and Alan Gonzalez

American Heritage Capital, LP sued Alan and Dinah Gonzalez for defamation and tortious interference with prospective business relationships. AHC nonsuited its claims against Dinah. The trial judge dismissed AHC's claims against Alan based on Alan's motion to dismiss under the Citizens Participation Act, Chapter 27 of the Texas Civil Practice and Remedies Code. The judge later awarded Alan attorney... More...

$0 (07-01-2014 - TX)

Guerra & Moore, L.L.P. v. J. Michael Moore and David Lumber

Seeking a bill of review, Appellant Mark Cantu petitioned the trial court to set aside its August 4, 2008 judgment against him for $1.6 million in damages for legal fees in a product liability suit claiming the wrongful death of Santa Magdalena Gonzalez. His petition alleged that Appellees Guerra & Moore, LLP, Carlos Guerra, J. Michael Moore, and David Lumber conspired to defraud him of the legal ... More...

$0 (06-25-2014 - TX)

Michael O. Pickens v. Elizabeth Cordia, Pamela Pickens, T. Boone Pickens, Jr. and Thomas B. Pickens, III

Appellant Michael O. Pickens is the brother of appellees Elizabeth Cordia, Pamela Pickens, and Thomas B. Pickens III, and the son of appellee T. Boone Pickens Jr. Appellees sued Michael for invasion of privacy by public disclosure of private facts, defamation, statutory libel, and intentional infliction of emotional distress for remarks he published about them on a blog. In addition, Pamela brough... More...

$0 (05-22-2014 - TX)

KBMT Operating Company, LLC, KBMT License Company, LLC, Brian Burns, Jackie Simien and Tracy Kennick v. Minda Lao Toledo

In this accelerated interlocutory appeal we must determine whether the trial court erred in failing to dismiss a physician's defamation claim and award attorneys' fees to the media defendants under the Texas Citizens Participation Act ("TCPAâ€). See Tex. Civ. Prac. & Rem. Code Ann. Â§Â§ 27.001-.011 (West Supp. 2013); see also id. Â§ 27.008(b). We affirm the trial court's order. ... More...

$0 (05-08-2014 - TX)

GoDaddy.com, L.L.C. v. Hollie Toups, et al.

GoDaddy.com, LLC ("GoDaddyâ€) filed a petition in this Court seeking an order permitting an interlocutory appeal of the trial court's order denying GoDaddy's motion to dismiss plaintiffs' claims on the basis that such claims are barred by section 230 of the Communications Decency Act (the "CDAâ€). See 47 U.S.C. Â§ 230. We granted GoDaddy's request to file an interlocutory appeal. After... More...

$0 (04-10-2014 - TX)

Bobie Kenneth Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, Shelley Luan Douglass, and Kelly Jimenez, Substitute Trustee

Bobie Kenneth Townsend filed an action in tort against the law firm that represented a lender, one of the law firm's employees, and the substitute trustee who foreclosed on Townsend's property. The trial court granted a summary judgment in favor of Barrett Daffin Frappier Turner & Engel, LLP (BDFTE), Shelley Luan Douglass, and Kelly Jimenez. Townsend brings fifteen issues in his appeal. 2<b... More...

$0 (10-31-2013 - TX)

LeaAnne Klentzman and Carter Publications, Inc., d/b/a The West Fort Bend Star v. Wade Brady

Appellee, Wade Brady, sued appellants, Carter Publications, Inc. d/b/a The West Fort Bend Star ("The Starâ€) and LeaAnne Klentzman, a reporter for The Star, alleging that they defamed him in a January 15, 2003 article ("the Articleâ€). Based 2 on the jury's verdict in Wade's favor, the trial court signed its final judgment awarding him actual and exemplary damages. In n... More...

$30000 (10-17-2013 - TX)

Michael E. Fitzmaurice v. Harvella Jones

In cause number 14-12-00963-CV, Michael E. Fitzmaurice appeals from the trial court's order denying his motion to dismiss Harvella Jones's suit against him. In cause number 14-12-01121-CV, William Fitzmaurice, Dorothy Fitzmaurice, Gregory Brumbaugh, and Karen McClure appeal from the trial court's order denying their motion to dismiss Jones's suit against them. We reverse and remand. Overvie... More...

$0 (10-10-2013 - TX)

Stanley Bacon, Jr. v. Texas Historical Commission

Although the heroism and sacrifice of forebears are never far from the minds of her citizenry, Texas has nonetheless accorded special emphasis to certain of these persons and their deeds through the placement of thousands of state government-approved historical markers, known today as "Official Texas Historical Markers.â€ While these markers can vary somewhat in appearance, they uniformly con... More...

$0 (09-12-2013 - TX)

Christine E. Reule v. Colony Insurance Company

In thirteen issues, Christine E. Reule argues the trial court erred by granting Colony Insurance Company's motion for summary judgment disposing of all of Reule's claims. We affirm. I. BACKGROUND In 1999, Reule purchased a unit in the Sherwood Valley I condominiums. All unit owners were members of the Sherwood Valley I Council of Co-Owners 2 ("SVIâ€). As di... More...

$0 (07-12-2013 - TX)

KTRK Television, Inc. v. Theaola Robinson

Following a series of news reports by KTRK Television, Inc. alleging financial mismanagement, Benji's Special Education Academy ("BSEAâ€), a charter school, and Theaola Robinson sued KTRK. KTRK moved to dismiss the action pursuant to the then-recently enacted Texas Citizens Participation Act 2 ("TCPAâ€).1 In a written order, the trial court denied the motion. In five issues... More...

$0 (07-11-2013 - TX)

Robert Writt v. Shell Oil Company and Shell International, E&P, Inc

Appellant, Robert Writt, challenges the trial court's rendition of summary judgment in favor of appellees, Shell Oil Company and Shell International, E&P, 2 Inc. (collectively, "Shellâ€), in Writt's suit against Shell for defamation. In two issues, Writt contends that the trial court erred in granting Shell summary judgment as Shell did not have an "absolute privilege,â€�... More...

$0 (06-25-2013 - TX)