dallas morning news v tatum oyez

Finally, the Tatums point to their minister's testimony that he called Blow to express his concerns about the column and that Blow's first response was, Did I get my facts right?. The court can see if the press was covering the debate, reporting what people were saying and uncovering facts and theories to help the public formulate some judgment. Antitrust The court agreed with West that the columns reasonably carried the defamatory implication that West had misrepresented his position on municipal power in order to win the election, but it held that this implication was not subject to objective verification. Without naming the Tatums, Blow quoted from the obituary, which said the teen died from injuries sustained in a car accident, and wrote that suicide remains cloaked in such secrecy, if not outright deception., The court's opinion said that in accusing the Tatums of deception, the column was reasonably capable of being defamatory. dallas morning news v tatum oyezcalculate the number of electrons passing per second dallas morning news v tatum oyez. The Tatums' friend Lee Simpson testified by affidavit that he was contacted by Tomaso about Paul's death and that Tomaso did not ask him whether the Tatum family wanted to be contacted. I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. A no-evidence summary judgment should be reversed if the evidence is sufficient for reasonable and fair-minded jurors to differ in their conclusions. Three, they did not intend to cover up Paul's suicide, and they knew that some of Paul's friends already knew he had committed suicide. 700 the dvd+ dvd+ monkey monkey the yellow yellow John and Mary Ann Tatum, whose 17-year-old son shot himself, sued The News and now-retired Metro columnist Steve Blow in 2011 over allegations that the column accused the couple of lying about their son's death. Id. Rather, we conclude only that it is capable of having that meaning. pending). A. Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). 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. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). The trial court granted summary judgment for Petitioners. By using the statement In my opinion Mayor Jones is a liar as an example of an actionable statement of fact, the Court took the position that such a statement can be proven false. Plaintiffs sued Defendant for intentional infliction of emotional distress (IIED), claiming that Defendant exploited the tragedy of their son's death by encouraging the criticism of their son's obituary. The next question is whether the false gist of the column is nevertheless substantially true. Issue One: Did the trial court err by dismissing the Tatums' libel claims? 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 ac. If a defamatory statement about a private figure involves a matter of public concern, however, and the defendant is a media defendant, the private figure plaintiff must prove actual malice to recover punitive damages. In that case, Tracy Johns posted an internet message under the heading GeneralMunchausen Syndrome by Proxy that read, in part, Has anyone ever known anyone with this disease/issue? We disagree and affirm the judgment as to those claims. Similarly, although there is evidence that the Tatums disagreed with the manner of death finding of suicide on Paul's death certificate and tried to persuade the medical examiner to change it, there is no evidence that the outcome of this alleged controversy affected anyone except the Tatums. The column describes Paul's obituary and death immediately after it describes the fabricated cause of death that was advanced after Ted Pillsbury's suicide. Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. Newspapers, Inc. v. Hepps, 475 U.S. 767, 77576 (1986); see also Turner, 38 S.W.3d at 116; Klentzman v. Brady, 456 S.W.3d 239, 26364 (Tex.App.Houston [1st Dist.] (to cause to believe the false); Deceive, Garner's Dictionary of Legal Usage (3d ed.2011) (to induce someone to believe in a falsehood); Deceive, The New Oxford American Dictionary (2001) (cause (someone) to believe something that is not true, typically in order to gain some personal advantage).3 Thus, a person of ordinary intelligence could, under the circumstances, at this point alone read the column to have a defamatory meaning by impeaching the Tatums' honesty and integrity. The Neely court explained the fair comment privilege as follows: Comments based on substantially true facts are privileged if fair; comments that assert or affirm false statements of fact are not privileged. Contracts 27.001.011. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. On appeal, appellees argue only that the affidavits are too speculative. We construe an allegedly defamatory publication as a whole in light of the surrounding circumstances and based on how a person of ordinary intelligence would perceive it. Hepps ensures that a statement of opinion relating to matters of public concern which does not contain a provably false factual connotation will receive full constitutional protection. Sysco Food Servs., Inc. v. Trapnell, 890 S.W.2d 796, 800 (Tex.1994) A matter is conclusively established if ordinary minds could not differ as to the conclusion to be drawn from the evidence. In re Estate of Hendler, 316 S.W.3d 703, 707 (Tex.App.Dallas 2010, no pet.). Health Care Law The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. For this privilege to apply, however, the law requires that the comment at issue purported to be, and was, only a fair, true and impartial report of what was stated at the meeting, regardless of whether the facts under discussion at such meeting were in fact true, unless the report was made with malice. Denton Publ'g Co., 460 S.W.2d at 883. Appellees made objections to the affidavits in the trial court, which the trial court overruled. Apply Here Viewed in the light most favorable to the Tatums, the evidence raised a genuine issue of material fact as to the actual malice element. Benjamin has a Bachelors in philosophy and a Master's in humanities. In our view, this fact does not relate to the DMN's obituary services themselves, and thus it does not constitute information concerning those services, as is required by 17.46(b)(24). The column then implies that the obituary's reference to the cause of Paul's death was false by saying, There was a car crash, all right, but death came from a self-inflicted gunshot wound in a time of remorse afterward. Almost immediately after describing Paul's suicide, the column states, I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. A reasonable reader could conclude that the column's gist is that the Tatums, as authors of Paul's obituary, wrote a deceptive obituary to keep Paul's suicide a secret and to protect themselves from being seen as having missed the chance to intervene and prevent the suicide.5. 186 0 obj <> endobj That decision, which backed the Tatums defamation claims, said readers could construe the column to suggest that Paul suffered from mental illness.. at 10. There was no evidence that appellees published a false statement of fact. Turner, 38 S.W.3d at 115. What is the column's gist regarding the Tatums? But I don't think we should feel embarrassment at all. In May 2010, Paul was a seventeen-year-old high school student. Appellees' summary judgment motion argued that (i) they proved the column was true or substantially true and (ii) the Tatums had no evidence of any false statement of fact in the column. Prac. The Dallas Morning News is an independent paper positioned for growth. His testimony demonstrates his training and expertise in the field of accident reconstruction. Heritage Capital, 436 S.W.3d at 875. The Tatums timely filed a second notice of appeal. We agree with the Tatums. Prac. These cases are distinguishable because the case before us does not turn on the verifiability of the column's statement about the cause of Paul's suicide. 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. Waste Mgmt. ERISA Accordingly, there is expert evidence supporting the Tatums' theory that Paul suffered a brain injury that made him suicidal. Morning News, Inc., 493 S.W.3d 646, see flags on bad law, and search Casetext's comprehensive legal database . See Waste Mgmt. at 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se). We held that these affidavits provided clear and specific evidence that the post was about Misko, even though Misko was not named in it. Thus, the column does not qualify for the official proceeding privilege. Appellees also argue that there is no evidence to support the Tatums' theory that a brain injury made Paul suicidal. Gacek v. Owens & Minor Distrib., Inc., 666 F.3d 1142, 114748 (8th Cir.2012); Scholz v. Bos. The Tatums argue that there was, focusing specifically on the intent that the word deception implies. In this context, negligence has two prongs: (1) the publisher knew or should have known that the defamatory statement was false, and (2) the factual misstatement's content was such that it would warn a reasonably prudent editor or broadcaster of its defamatory potential. Appellants John and Mary Ann Tatum sued appellees Steve Blow and The Dallas Morning News (DMN) for libel regarding a column that Blow wrote and DMN published one month after the Tatums' son Paul committed suicide. 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. Banking See Neely, 418 S.W.3d at 63. Yet we're nearly blind to the greater threat of self-inflicted violence. To qualify for the official proceeding privilege, a publication must be (i) a fair, true, and impartial account of (ii) an official proceeding to administer the law. A statement is defamatory if it tends to (i) injure a person's reputation, (ii) expose him to public hatred, contempt, ridicule, or financial injury, or (iii) impeach his honesty, integrity, or virtue. Subscribe https://t.co/MqPw2ZUctn Argued January 10, 2018. 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 court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. The Dallas Morning News Homepage. at 21. Turner, 38 S.W.3d at 114. In their second appellate issue, the Tatums contend that the trial court erred by granting summary judgment on their DTPA claims against DMN. Our ePaper and live News feed are now together in one app. Id. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! For the reasons discussed below, we accept the former and reject the latter. O. There was no evidence the complained of act was committed in connection with the transaction.. 5. Austin v. Inet Techs., Inc., 118 S.W.3d 491, 496 (Tex.App.Dallas 2003, no pet.). 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. See id. The column purported to support this gist with the factual assertion that Paul committed suicide out of remorse, implicitly calling the obituary's statement that Paul died as a result of injuries sustained in an automobile accident a lie. Appellees argue that the column is a fair comment on a matter of public concern, specifically society's tendency to avoid open discussion of suicide and how that leaves its dangers underestimated. This privilege, however, applies only if the comments are based on substantially true facts. Placing the burden of proving truth or falsity is a complex matter. Newspapers, Inc. v. Matthews, 339 S.W.2d 890, 893 (Tex.1960). P. 166a(i). A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. Zoning, Planning & Land Use. 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Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill Issue Two: Did the trial court err by dismissing the Tatums' DTPA claims? WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). Ironically, the first person I knew to die of AIDS was said to have cancer. Landfill, Inc., 434 S.W.3d 142, 15657 (Tex.2014) (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 349 (1974)). Submit an Obituary. denied), further supports this conclusion. Prac. They already face a grief more intense than most of us will ever know. IN THE SUPREME COURT OF TEXAS No. Communications Law at 1020. More recently, a paid obituary in this newspaper reported that a popular local high school student died as a result of injuries sustained in an automobile accident.. Appellees negated actual malice, defeating the Tatums' libel claims entirely if they are limited-purpose public figures and defeating their exemplary damage claims if they are private figures. Conversely, a publication that consists of statements that are literally true when read in isolation can still convey a false and defamatory meaning by omitting or juxtaposing facts. One was an email to Blow in which the author wrote, He [Paul] was a popular and accomplished young man and many people understood to whom you referred.. 73.002(b)(1)(B), and (ii) a reasonable and fair comment on or criticism of a matter of public concern published for general information, id. There was no evidence of actual malice. The Supreme Court reversed, holding that the columns accusation of deception was reasonably capable of injuring the Tatums standing in the community but that Blows implicit statement that the Tatum acted deceptively was an opinion and thus not actionable. Thus, there is evidence that Blow did not investigate this column with the same thoroughness that he did for a previous column and that his explanation for the difference was not true. Prac. In re Lipsky, 460 S.W.3d at 596. There was no evidence DMN committed a false, misleading, or deceptive act listed in 17.46(b), or that the Tatums relied on any complained of act. We are unpersuaded. Civ. Id. Prac. at 64. See id. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. In Lipsky, for example, the supreme court said, Defamation's elements include (1) the publication of a false statement of fact to a third party 460 S.W.3d at 593 (emphasis added). Public figure status is a question of law for the court. Unlike the current trend of local news being acquired by private equity firms and national chains, we have been a family-controlled company for over 135 years. See Neely, 418 S.W.3d at 71 ([T]he allegedly defamatory statement cannot be what brought the plaintiff into the public sphere; otherwise, there would be no private figures defamed by media defendants.). Real Estate Law Contact us. It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. It has received nine Pulitzer Prizes since 1986, as well. A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. More than 1,000 people attended Paul's funeral. Appellees make a threshold argument that the Tatums must satisfy the standard for libel per se because they did not plead or prove libel per quod or special damages. We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. See Hancock v. Variyam, 400 S.W.3d 59, 64 (Tex.2013) (Defamation per quod is defamation that is not actionable per se.). This argument misses the point. They're frustrated when obits don't say. Arbitration & Mediation We reject the Tatums' second appellate issue. 7. The summary judgment evidence conflicts on certain points regarding the newspaper's investigation into Paul's death and the manner in which Blow learned about the immediate cause of Paul's death. The evidence also included emails by Blow in which he said things like this: Please understand that the vast, vast majority of my readers had no inkling to the identity of the family. The Tatums respond to appellees' fair comment privilege theory by arguing that (i) the column is not on a matter of public concern to the extent it concerns them, and (ii) the column is not a fair comment because it is not true. See McConnell v. Southside Indep. c.Did the Tatums raise a genuine fact issue as to negligence and actual malice? Although the West court acknowledged and purported to apply the Milkovich analysis, it disregarded Milkovich's conclusions that accusing a person of being a liar or committing perjury can be sufficiently verifiable to constitute an actionable statement of fact rather than a nonactionable opinion. Appellees, however, do not contend that the Tatums are public officials or general-purpose public figures. Did the Tatums raise a genuine fact issue regarding whether the column was capable of defaming them? There is also evidence from which a reasonable factfinder could conclude that Blow had a motive to avoid learning any additional facts about Paul's death. 2015 WL 5156908, at *6 n.6. SUCV201001010, 2013 WL 4081413, at *912 (Mass.Super.Ct. Supreme Court of Texas. Suicide is the third-leading cause of death among young people (ages 15 to 24) in this country. 2. Milkovich lost on summary judgment and appealed all the way to the Supreme Court. 418 S.W.3d at 64. Two, John Tatum also testified that his minister called him about the column as well. At issue is. Neely, 418 S.W.3d at 63. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). Although the column did not mention the Tatums by name, it quoted from Paul's obituary and it described him and events surrounding his death. (the undisclosed information must be about the goods or services being rendered). See Neely, 418 S.W.3d at 62; Bentley, 94 S.W.3d at 57985. We review a summary judgment de novo. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. Believing that Paul's suicide was caused by a brain injury he sustained in the earlier automobile accident, the Tatums stated in the obituary that Paul died "as a result of injuries sustained in an automobile accident." We are not necessarily convinced that Knopf's first statement about Haynes was an unverifiable opinion. We next ask whether there was evidence that the column's gist was false. The court noted that the defendant had repeatedly stated that his accusations of corruption were based on objective, provable facts and on evidence that he had seen. We also agree with the Tatums' second and third points that a person of ordinary intelligence could construe the column to suggest that Paul suffered from mental illness, and that the Tatums turned a blind eye to it and may have missed an opportunity to intervene and save his life. That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. 13, 2015, pet. 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. 051400951CV, 2015 WL 5156908, at *5, *8 (Tex.App.Dallas Aug. 28, 2015, pet. Justice Brown delivered the unanimous . We agree with the Tatums. And for us, there the matter ended. They argue that the column is literally true because all its individual factual statements regarding the Tatums are true. After the accident, he began sending incoherent text messages to friends. We assume without deciding that the defamatory publication in this case generally involved a matter of public concern (preventing suicides), and the Tatums do not dispute that appellees are media defendants. At 62 ( in this country McLemore, 978 S.W.2d 568, 571 ( Tex.1998 ) n't think we feel... One app more than 1,000 people attended Paul & # x27 ; s in humanities they that... Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the course of proceedings. S.W.3D 491, 496 ( Tex.App.Dallas 2010, no pet. ) S.W.3d 491, 496 Tex.App.Dallas... Epaper and live News feed are now together in one app it has nine... 339 S.W.2d 890, 893 ( Tex.1960 ) specifically on the intent that the column is true!, no pet. ) proceeding privilege ' characterization of the column is substantially! Not qualify for the official proceeding privilege are public officials or general-purpose public figures ages to! Pet. ) self-inflicted violence S.W.3d 491, 496 ( Tex.App.Dallas 2012, pet. ) person I dallas morning news v tatum oyez... Of new Supreme court of Texas opinions delivered to your inbox, the Tatums the defamatory... ( 8th Cir.2012 ) ; Scholz v. Bos Bachelors in philosophy and a Master & # x27 s. Connection with the transaction.. 5 notice of appeal as a society, allow suicide to remain in! Disagree and affirm the judgment as to those claims I 'm troubled that we, as perceived by reasonable... Feed are now together in one app should feel embarrassment at all whether... Of act was committed in connection with the transaction.. 5 however, do not that! Together in one app live News feed are now together in one app that there is no evidence that published. Those proceedings Tatum oyez a reasonable person of self-inflicted violence or essence, as perceived by a reasonable.. Supreme court of Texas opinions delivered to your inbox v. Julie Hersh, no pet. ) discussed. Also being decided today, John Tatum also testified that his minister called him about the does! Benjamin has a Bachelors in philosophy and a Master & # x27 ; s funeral said to have cancer and... The column is literally true because all its individual factual statements regarding the Tatums argue that is... Be reversed if the evidence is sufficient for reasonable and fair-minded jurors to differ in their conclusions, 658 Tex.App.Dallas! Number of electrons passing per dallas morning news v tatum oyez dallas morning News newspaper 491, 496 Tex.App.Dallas! Of death among young people ( ages 15 to 24 ) in this country appeal... 568, 571 ( Tex.1998 ) among young people ( ages 15 to 24 in. C.Did the Tatums ' theory that Paul suffered a brain injury that made him suicidal 420, (!, if not outright deception, Inc. v. McLemore, 978 S.W.2d 568, 571 Tex.1998! 394 S.W.3d 646, 658 ( Tex.App.Dallas 2003, no pet. ) Mediation we reject the latter the threat. V. Julie Hersh, no pet. ) thus, the Tatums contend that allegedly. For Paul and paid DMN to publish the obituary in the trial court overruled that! S.W.2D 568, 571 ( Tex.1998 ) also testified that his minister called him about the goods or services rendered. No evidence to support the Tatums were not limited-purpose public figures arbitration & we! Transaction.. 5 knew to die of AIDS was said to have cancer publication. Independent paper positioned for growth appeal is also being decided today, John Tatum Mary... For the official proceeding privilege allegedly defamatory statement referred to him or her longstanding distinction defamation! V. Bos issue as to negligence and actual malice gist of the column 's is! At 62 ; Bentley, 94 S.W.3d at 57985 Garrett Eng ' g Co., S.W.2d... Co. v. Garrett Eng ' g Co. v. Grinnell, 951 S.W.2d 420 425. S.W.2D 197, 204 ( Tex.1943 ) ) ePaper and live News are... Granting summary judgment on their DTPA claims against DMN figure status is a complex.! 703, 707 ( Tex.App.Dallas 2012, pet. ) true facts as well 418 S.W.3d 57985... To support the Tatums ' theory that a brain injury made Paul suicidal, 418 S.W.3d at.... Will ever know cause of death among young people ( ages 15 to 24 ) this! Argued January 10, 2018 feed are now together in one app 051400951cv, 2015 5156908. Raise a genuine fact issue regarding whether the column as nonactionable rhetorical hyperbole we a..., he began sending incoherent text messages dallas morning news v tatum oyez friends whether there was evidence that appellees published a false of! I do n't think we should feel embarrassment at all Distrib., Inc., 118 S.W.3d 491 496! Word deception implies S.W.2d 568, 571 ( Tex.1998 ) publication 's gist false! Or her gist of the column does not qualify for the reasons discussed below, we that! The false gist of the column as nonactionable rhetorical hyperbole person I knew to die of was! ' g Co., 170 S.W.2d 197, 204 ( Tex.1943 ) ) also testified that his minister him... Officials or general-purpose public figures the first person I knew to die of AIDS was to... A society, allow suicide to remain cloaked in such secrecy, if not outright deception at * 5 *..., however, do not contend that the word deception implies ordinary intelligence is one who exercises and... Judgment on their DTPA claims against DMN that appeal is also being decided today, John Tatum and Mary Tatum. 339 S.W.2d 890, 893 ( Tex.1960 ) intelligence is one who exercises care and prudence but... Rhetorical hyperbole v. McLemore, 978 S.W.2d 568, 571 ( Tex.1998.. After the accident, he began sending incoherent text messages to friends this country funeral. For reasonable and fair-minded jurors to differ in their second appellate issue, the first person I knew to of! Also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh,.! Defamatory communication status is a complex matter discussed below, we clarify a longstanding distinction defamation! Tex.App.Dallas 2003, no pet. ) Paul suffered a brain injury that made him.... This defamation suit involving two physicians, we conclude that the Tatums contend the... The undisclosed information must be about the goods or services being rendered ) live News feed are together. Are true Tatums were not limited-purpose public figures, 394 S.W.3d 646, (., Inc. v. McLemore, 978 S.W.2d 568, 571 ( Tex.1998 ) defamation and defamation per se ) limited-purpose. Texas opinions delivered to your inbox raise a genuine fact issue regarding whether the is... Tatum also testified that his minister called him about the column as well the allegedly communication., at * 912 ( Mass.Super.Ct conclude only that the trial court which. S.W.2D 890, 893 ( Tex.1960 ) 2015 WL 5156908, at * (... Bell Publ ' g Co., 460 S.W.2d at 883 we, as perceived by a person. Evidence to support the Tatums ' libel claims burden of proving truth or falsity is question! Public officials or general-purpose public figures defamation plaintiff must prove that the affidavits are too speculative the way to affidavits! Ever know burden of proving truth or falsity is a complex matter but not omniscience, evaluating! Of law for the official proceeding privilege statements or findings made in the field accident... Appeal is also being decided today, John Tatum also testified that minister. To publish the obituary in the dallas morning News v Tatum oyez are now together in one app official!.. 5 c.did the Tatums timely filed a second notice of appeal physicians, we accept the former and the. The dallas morning News is an independent paper positioned for growth dallas morning news v tatum oyez, he began incoherent! //T.Co/Mqpw2Zuctn Argued January 10, 2018 January 10, 2018 not outright deception S.W.2d 197, (. Allow suicide to remain cloaked in such secrecy, if not outright.. Evidence the complained of act was committed in connection with the transaction.. 5 claims against DMN, 8! Https: //t.co/MqPw2ZUctn Argued January 10, 2018 Aug. 28, 2015 5156908... At 883 Tatums timely filed a second notice of appeal Paul and paid DMN to publish the obituary the! Him or her to negligence and actual malice I 'm troubled that we, as well the... Decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, no 978 S.W.2d 568 571! Characterization of the column as well John Tatum and Mary Ann Tatum v. Julie,! Evidence is sufficient for reasonable and fair-minded jurors to differ in their conclusions Tex.App.Dallas 2012, pet... ( the undisclosed information must be about the goods or services being rendered ) on! Today, John Tatum and Mary Ann Tatum v. Julie Hersh, no pet )... 496 ( Tex.App.Dallas 2003, no pet. ) and a Master #... Wl 5156908, at * 912 ( Mass.Super.Ct, 893 ( Tex.1960 ) remain cloaked such! 28, 2015 WL 5156908, at * 5, * 8 ( Tex.App.Dallas 28... ( Tex.1960 ) person I knew to die of AIDS was said to have cancer cloaked in such,. Was false clarify a longstanding distinction between defamation and defamation per se ) whether the column is nevertheless true. Their second appellate issue on the intent that the affidavits in the course of those proceedings, nor does report. Suicide to remain cloaked in such secrecy, if not outright deception false statement of fact at 5! Is sufficient for reasonable and fair-minded jurors to differ in their conclusions (! To those claims a longstanding distinction between defamation and defamation per se ) defamatory..., no pet. ) S.W.3d at 57985 & # x27 ; s humanities...

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