Redirecting to https://www.si.com/nfl/cowboys/news/dallas-cowboys-cut-move-dallas-cowboys-reveal-tyron-smith-contract-plan-change The court of appeals reversed, holding that the column was reasonably capable of defamatory meaning and that the column was not a non-actionable opinion. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Backes, 2015 WL 1138258, at *14. Accordingly, because there is no evidence of a public controversy that could make the Tatums limited-purpose public figures, we conclude that the Tatums are private figures for purposes of this summary judgment appeal. Contracts A no-evidence summary judgment should be reversed if the evidence is sufficient for reasonable and fair-minded jurors to differ in their conclusions. Landfill, Inc., 434 S.W.3d 142, 15657 (Tex.2014) (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 349 (1974)). One expert explained the severity of Paul's auto accident, and the other opined that Paul committed suicide because of a brain injury sustained in that accident. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning that John and Mary Ann Tatum acted deceptively and that the accusation of deception was reasonably capable of defaming the Tatums. On June 20, 2010Father's Day, and about one month after Paul's suicidethe paper published a column by Blow entitled "Shrouding Suicide Leaves its Danger Unaddressed." Libel per quod is simply libel that is not actionable per se. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. The Tatums sued both appellees for libel and libel per se. Medical Malpractice They also produced evidence from which a reasonable jury could find that (i) Blow misrepresented his investigation and sources of information and (ii) Blow had some motive not to probe into the column's truth regarding the Tatums and the obituary. Id. Because we see no matching argument in appellees' amended motion for summary judgment, that argument is not properly before us. IN THE SUPREME COURT OF TEXAS No. Real Estate & Property Law (a publication qualified for the privilege only if it purported to be, and was, only a fair, true and impartial report of what was stated at a city council meeting). Accordingly we affirm in part, reverse in part, and remand the case to the trial court for further proceedings consistent with this opinion. Court. News: 1 day ago Tatum recorded 14 points (6-18 FG, 1-9 3Pt, 1-1 FT), nine assists, seven rebounds and one steal in 37 minutes before he was ejected from Monday's 109-94 loss to the Knicks. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. But I don't think we should feel embarrassment at all. We reject the Tatums' second appellate issue. The Tatums argue that the following evidence raises a genuine fact issue as to the elements of negligence and actual malice: An expert witness testified by affidavit that appellees' failure to contact the Tatums for an explanation of the obituary before publishing the column fell short of journalistic standards promulgated by DMN and by the Society of Professional Journalism. It took a while for honesty to come to the AIDS epidemic. But recent Texas defamation cases may suggest that the plaintiff always has the burden of proving falsity. 27.001.011. On Petition for Review from the Court of Appeals for the Fifth District of Texas. See Pickens v. Cordia, 433 S.W.3d 179, 185 (Tex.App.Dallas 2014, no pet.) Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? But a topic is not a public controversy merely because some people are talking about it: A general concern or interest will not suffice. According to an opinion from the Texas Supreme Court that reinstated a lower court ruling that favored the Morning News, the Tatums contend their son showed no sign of mental illness or. That lawsuit was dismissed, and the Tatums appealed. Did the Tatums raise a genuine fact issue that DMN violated 17.46(b)(24)? The plaintiff must also prove damages unless the defamatory statements are defamatory per se. %%EOF Reckless disregard means that the publisher entertained serious doubts about the publication's truth or had a high degree of awareness of the publication's probable falsity. The Tatums argue that there was, focusing specifically on the intent that the word deception implies. at 1020. Because these privileges are affirmative defenses, see Denton Publ'g Co. v. Boyd, 460 S.W.2d 881, 882, 885 (Tex.1970) (interpreting predecessor statute to 73.002), appellees' summary judgment motion had to conclusively prove their elements to prevail.6. Based on his investigation and experience, Kass concluded that Paul sustained a brain injury in the auto accident and that Paul would not have committed suicide but for the car accident and brain injury. More specifically, the column's first four paragraphs state Blow's opinion that people generally consider a death by suicide worthy of deception and mention honesty and being open about other causes of death. Although the column does not expressly make these assertions, roughly the last third of the column discusses the prevalence of suicide (specifically among young people), laments public silence about suicide's frequent cause (mental illness), and concludes, Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. Juvenile Law Founded in 1885, The Dallas Morning is North Texas' largest news team. Apply Here The Tatums' attorney, Joe Sibley, said he could not comment since The News was a party to the lawsuit. Arbitration & Mediation Immigration Law But, here he did not attempt to contact the Tatums before publishing the column at issue in this case. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. 0 Moved Permanently. Accordingly, the Tatums submitted enough evidence to raise a genuine fact issue regarding whether they believed what they said in the obituary was true, did not intend to mislead or deceive anyone, and did not believe Paul suffered from mental illness. 05-14-01017-CV, 2015 WL 9582903, at *5 (Tex. Kass reviewed Cargill's report about the accident, interviewed the Tatums, reviewed Paul's conduct before and after the accident as reported by his friends, and reviewed other documents such as Paul's medical history and death certificate. Because the evidence in Neely raised a genuine fact issue as to whether a news broadcast was substantially true, the court held that the defendants were not entitled to summary judgment based on the fair comment privilege. The Dallas Express a newspaper printed by and for the city's African American community ALSO essential sadly, only the years 1919-1924 have been scanned, here The Jewish Monitor published in Fort Worth, serving the DFW (and Texas) Jewish community, 1919-1921, here The Texas Jewish Post, 1950-2011, here They also argue that the column contains only nonactionable rhetorical hyperbole in the course of advocating societal change. at 100001. The actual column, however, can be read to allow and encourage the reader to conclude that the Tatums had no basis for attributing Paul's death to injuries sustained in the earlier car crash and that they wanted to deceive the obituary's readers about the cause of Paul's death, perhaps to conceal their own failure to save his life through an intervention. The Tatums' response relied on the following evidence: One, John Tatum testified by affidavit that his friend Lee Simpson called to inform him about the column the day it was published. at 571; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] Our ePaper and live News feed are now together in one app. But a statement couched as an opinion may be actionable if it expressly or implicitly asserts facts that can be objectively verified. When reviewing a traditional summary judgment for a defendant, we determine whether the defendant conclusively disproved an element of the plaintiff's claim or conclusively proved every element of an affirmative defense. To the extent a negligence standard applies, there was no evidence of negligence. The Tatums sued Julie Hersh in a separate lawsuit. Nevertheless, the Milkovich Court concluded that calling someone a liar and accusing someone of perjury are both sufficiently verifiable to support a defamation claim. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. OPINION . This is some evidence of actual malice. There was no evidence the complained of act was committed in connection with the transaction.. But the standards governing the law of defamation are not among them. The column was not capable of the defamatory meaning ascribed by the Tatums. As explained above, a false gist is substantially true and nonactionable if it is no more damaging to the plaintiff's reputation than a truthful publication would have been. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. You're all set! The column's headline was Shrouding suicide leaves its danger unaddressed. (Emphasis added). Here, the gist of Blows column is that bereaved families often do society a disservice by failing to explicitly mention when suicide is the cause of death, according to the opinion. The court also dismissed DMN's counterclaim with prejudice. denied). West successfully ran for mayor of a Utah town. That is, as Neely illustrates, enough to raise a genuine fact issue on the fair comment privilege. Am. West sued for defamation, he lost the case on summary judgment, and the case came before the Utah Supreme Court. He was born on January 12, 1953 to Albert Tatum and . At issue is. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. Id. Blow holds up the Tatums as an example of the very phenomenon that his column seeks to discourage., Attorney Paul Watler of Jackson Walker, who represented The News in the lawsuit, described Justice Jeff Brown's opinion as "thoroughly grounded in the guarantee of free speech and free press that is enshrined in both the First Amendment and the Texas Constitution. In adopting the verifiable as false test in Bentley and Neely, the Texas Supreme Court relied on the United States Supreme Court's decision in Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990). Securities Law Accordingly, there is expert evidence supporting the Tatums' theory that Paul suffered a brain injury that made him suicidal. We reverse the trial court's summary judgment to the extent it orders the Tatums to take nothing on their libel and libel per se claims. Shrouding suicide leaves its danger unaddressed raise a genuine fact issue that violated. 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