Libel and Privacy Defense

• Riccio v. Phillip McGraw, et al., Cause No. BC400362, Superior Court of California, County of Los Angeles (2009) (Anti-SLAPP special motion to strike granted in favor of McGraw in defamation suit arising out of Dr. Phil Show television program).
• Stephens v. Dolcefino, Cause No. 1999-43183, 215th District Court of Harris County, Texas (2007) (jury verdict for television station on claims under Texas wiretap statute and for alleged invasion of privacy stemming from investigation into city official’s work habits).
• Allied Marketing Group, Inc. v. Better Business Bureau of Metropolitan Dallas, Inc., Cause No. 91-15009-A, in the 14th Judicial District Court of Dallas County, Texas (dismissal of libel case against Better Business Bureau).
• Nationwide Bi-Weekly Admin., Inc. v. Belo Corp., 512 F.3d 137 (5th Cir. 2007) (affirming, in case of first impression, dismissal of libel action against newspaper on basis that single publication rule applied to article published on newspaper’s website and statute of limitations was not tolled under theory of continuous publication).
• American Ecology Environmental Services Corporation, et al., v. Mildred Krueger, et. al., Civil Action No. 3-96 CU 2670-D, in the United States District Court for the Northern District of Texas, Dallas Division (settlement reached and dismissal of libel case against community interest group).
• Knight v. Chicago Tribune Co. et al., 895 N.E.2d 1007 (Ill. App. Ct. 2008) (affirming jury verdict in favor of newspaper on suit for libel arising out of investigative report into role of prosecutorial misconduct in Illinois death sentences).
• Belo Corp. v. Publicaciones Paso Del Norte, S.A. de C.V., Cause No. 08-06-00113-CV, in the Eighth Court of Appeals of Texas in El Paso, 2007 WL 2729867 (Tex. App.-El Paso 2007) (Court of Appeals rendered summary judgment in newspaper v. newspaper libel case for defendants based on lack of actual malice).
• Abdel-Hafiz v. ABC, Inc., et al., 240 S.W.3d 492 (Tex. App.—Fort Worth 2007, pet. denied) (affirming summary judgment entered in favor of ABC News, Brian Ross, and Charles Gibson against defamation suit brought by FBI agent who allegedly refused to secretly record Muslim terrorism suspect during pre-9/11 investigation).
• Bessent v. Times Herald Printing Co., Cause No. No. 8469, in the Ninth Court of Civil Appeals of Texas in Beaumont, 601 S.W.2d 487 (Tex. Civ. App.-Beaumont 1980, no writ) (defendants obtained a jury verdict after a summary judgment in their favor was reversed and the case was remanded for trial).
• FOX Entertainment Group, Inc., et al. v. Abdel-Hafiz, 240 S.W.3d 524 (Tex. App.—Fort Worth 2007, pet. denied) (reversing trial court and rendering summary judgment for FOX News and Bill O’Reilly against defamation suit brought by FBI agent who allegedly refused to secretly record Muslim terrorism suspect during pre-9/11 investigation).
• Boone R. Enterprises, Inc. v. Fox KDFW, in the Judicial District Court of Dallas County, Texas (summary judgment in libel case without written discovery or depositions).
• Waddell v. FOX Entertainment Group, et al., Civil Action No. 3:06-cv-2387-M (N.D.Tex Mar. 12, 2008) (summary judgment granted in favor of FOX News against chiropractor subject of investigative report into misuse of government loan program designed to benefit businesses affected by 9/11 attacks).
• Brewer and Brown v. Capital Cities/ABC, Inc., Cause No. 17-143948-92, in the 17th Judicial District Court of Tarrant County, Texas, 486 S.W.3d 636 (Tex. App.-Fort Worth 1998, no pet.) (the trial court granted summary judgment for defendants in libel case for “20/20” broadcast regarding nursing homes; the Second Court of Appeals of Texas in Fort Worth affirmed the summary judgment on appeal).
• Teresa Stephens v. Cable News Network, Inc., Turner Broadcasting System, Inc., and Time Warner Inc., Cause No. 4:09-CV-103-Y (N.D. Tex. Feb. 2009) (motion to dismiss granted under 28 U.S.C. 1915(e) in lawsuit alleging violations of the Electronic Communications Privacy Act and invasion of privacy).
• Lena Thomas v. American Broadcasting, Inc., NBC Broadcasting, Inc., CBS Broadcasting, Inc., FOX Entm’t Group, Inc., AOL, Inc., and DOES 1 through 1000, Cause No. 017-228233-08, 17th District Court of Tarrant County, Texas (2008) (dismissal, at request of defendants’ counsel, for lack of subject matter jurisdiction grounds of wide-ranging claims against broadcasters before service).
• Brewer v. Fox, Civil Action No. 4-99-CV-256, in the United States District Court for the Eastern District of Texas, Texarkana Division (motion for judgment on the pleadings in favor of KDFW Fox 4 granted in case alleging libel and trespass in the newsgathering process).
• Helping Hands Lifeline Foundation vs. Belo et al. , Cause No. 2006CI10577, 225th District Court of Bexar County, Texas (dismissed 2008) (television station defendant dismissed following depositions of plaintiffs in defamation, intentional infliction of emotional distress, and business disparagement suit brought in response to investigative report into activities of local charity).
• Brueggemeyer v. American Broadcasting Co., in the United States District Court for the Northern District of Texas, 684 F. Supp. 452 (N.D. Tex. 1988) (summary judgment for defendants in libel, false light, and invasion of privacy case).
• Miller v. Allan, et al., Cause No. 5:07-cv-00925-FB (W.D. Tex. Aug. 6, 2008) filed in State District Court in San Antonio, Bexar County, Texas, and later removed to the United States District Court, Western District of Texas, San Antonio Division (dismissal with prejudice of community organization who successfully lobbied against sale of real property for construction of “big box” store in rural area).
• Brueggemeyer v. Associated Press, et al., Civil Action No. No. 78-1023, in the United States Court of Appeals for the Fifth Circuit, 609 F.2d 825 (5th Cir. 1980) (trial court granted summary judgment for defendants in libel case; the Fifth Circuit affirmed the summary judgment on appeal).
• Tammie D. Kirkham, et al. v. Michael D. Cain, et al., Cause No. 07-02317, 44th District Court of Dallas County, Texas (dismissed 2008) (suit against HBO stemming from documentary dismissed for lack of personal jurisdiction).
• Eugene Burd v. State Farm Mutual Automobile Insurance Company, Cause No. 1999-61090, in the 215th Judicial District Court of Harris County, Texas (dismissal by plaintiff of libel case against State Farm).
• Patrick Uzomba v. Austin American Statesman Newspaper, et al., Cause No. GN-502714, 353rd District Court of Travis County, Texas (summary judgment 2007) (summary judgment granted for newspaper in defamation suit brought regarding news and internet report of plaintiff’s arrest).
• Randolph Cook v. Oprah Winfrey, Civil Action No. 97C322, in the United States District Court for the Northern District of Illinois (dismissal of defamation and tortious interference with business relations case).
• Arthur v. Stern, No. H-07-3742, 2008 WL 2620116 (S.D. Tex., June 26, 2008) (improperly joined defendant dismissed and removed case retained on federal court docket in case brought by Anna Nicole Smith’s mother).
• Charles Crenshaw, M.D., et al. v. Lawrence Sutherland, et al., Cause No. 73-93, in the 18th Judicial District Court of Johnson County, Texas (settlement reached in libel case involving Kennedy assassination in which we represented the AMA).
• Crist v. Univision Communications, Inc., in the United States District Court for the Southern District of Texas (settlement reached in libel case against Spanish language broadcaster).
• Dave Graf Daimler, et al. v. KFDX-TV 3, et al., Cause No. 141,773-C, in the 89th Judicial District Court of Wichita County, Texas (summary judgment for defendants in libel case).
• Wendy Davis v. Star-Telegram Operating Ltd. d/b/a The Fort Worth Star Telegram, et al., Cause No. 97-03532, in the 116th Judicial District Court of Dallas County, Texas, 2000 WL 898839 (Tex. App.-Fort Worth 2000) (the trial court granted summary judgment for defendants; the Second Court of Appeals of Texas in Fort Worth affirmed summary judgment on appeal, holding that stay of discovery pending determination of early filed motion for summary judgment was appropriate).
• Delaney v. Donrey of Texas, Inc. d/b/a The Denison Herald, Cause No. 91-1568, in the 336th Judicial District Court of Grayson County, Texas (settlement reached in libel case).
• Dolcefino v. Randolph, Cause No. 14-99-00026-CV, in the Fourteenth Court of Appeals of Texas in Houston, 19 S.W.3d 906 (Tex. App.-Houston [14th Dist] 2000, pet. denied) (Court of Appeals refused to find that there could be libel by implication when the actual statements made in a television broadcast were true, and the court reversed the denial of a motion for summary judgment on behalf of KTRK Television and its employees/reporter; the Texas Supreme Court denied the Petition for Review filed by the plaintiffs).
• Dracos v. The Express-News Corp., et al., Cause No. 89-CI-04273, in the 166th Judicial District Court of Bexar County, Texas (settlement reached in libel case filed by former television journalist against the San Antonio Express-News and others).
• DR Partners d/b/a The Sherman Herald Democrat v. Floyd, Cause No. No. 06-07-00001-CV, in the Sixth Court of Appeals of Texas in Texarkana, 228 S.W.3d 493 (Tex. App.-Texarkana 2007, pet. denied) (Court of Appeals reversed trial court’s denial of a motion for summary judgment and rendered judgment in favor of a newspaper in libel case filed by local politician; Texas Supreme Court denied plaintiff’s Petition for Review).
• Stanley J. Dudrick, M.D. v. Wayne Dolcefino and Capital Cities/ABC National Television Sales, Inc., d/b/a Channel 13 KTRK TV, Cause No. 92-21359, in the 55th Judicial District Court of Harris County, Texas and the Fourteenth Court of Appeals of Texas in Houston, 1998 WL 856236 (Tex. App.-Houston [14th Dist.] 1998) (trial court granted summary judgment for defendants in defamation action based upon investigative report regarding physician; Court of Appeals affirmed summary judgment on appeal).
• Gary Espinosa v. The Houston Post, Cause No. 3518, in the 349th Judicial District Court of Anderson County, Texas (summary judgment for defendant in libel case).
• Evans v. Dolcefino, Cause No. 01-97-00545-CV, in the 189th Judicial District Court of Harris County, Texas and the First Court of Appeals of Texas in Houston, 986 S.W.2d 69 (Tex. App.-Houston [1st Dist.] 1999, no pet.) (Court of Appeals reversed the denial of a motion for summary judgment and rendered judgment in favor of a Houston television station and reporter).
• Edward G. Ezrailson v. Waverly Inc., et al.; Cause No. 97-06-02489-CV, in the 221st Judicial District Court of Montgomery County, Texas (dismissal of libel suit against defendants).
• David Fechtman v. Tennis News, Inc. d/b/a Tennis Week, et al., Civil Action No. 3-96CV1669-R, in the United States District Court for the Northern District of Texas, Dallas Division (settlement reached in libel case).
• Bettye Felder v. KTRK Television, Inc., et al., Cause No. 94-048833, in the 80th Judicial District Court of Harris County, Texas and the Fourteenth Court of Appeals of Texas in Houston, 950 S.W.2d 100 (Tex. App.-Houston [14th Dist.] 1997, no writ) (Court of Appeals reversed trial court?s denial of summary judgment and rendered judgment for defendants in libel and invasion of privacy case).
• Fetzer Enterprises, Inc. v. Clear Channel, in the Judicial District Court of Bexar County, Texas (summary judgment granted in libel case without taking depositions).
• Gordon S. Fowkes, et al. v. CC Texas Holding Co., Inc., et al., Cause No. 94-47773, in the 80th Judicial District Court of Harris County, Texas and the First Court of Appeals of Texas in Houston, 981 S.W.2d 779 (Tex. App.-Houston [1st Dist.] 1998, pet. denied) (Court of Appeals rendered judgment for defendants in libel case).
• Fowler v. ABC. et. al., Cause No. 3-00CV2417-P (summary judgment for ABC and Diane Sawyer on libel claims asserted against “20/20” broadcast).
• Fox v. Van Zelfden, Cause No. 91-12943, in the 116th Judicial District Court of Dallas County, Texas (summary judgment for defendants in libel case).
• Frank Parra Chevrolet v. Better Business Bureau of Metropolitan of Dallas, Inc., in the 298th Judicial District Court of Dallas County, Texas (dismissal of libel case in which we represented the BBB).
• Harold C. Gaither, Jr. vs. ABC News, Inc., Capital Cities/ABC National Television Sales, Inc., Hugh Downs, Victor Neufeld, WFAA-TV, Inc. and Ward L. Huey, Jr., Cause No. 96-08443, in the 116th Judicial District Court of Dallas County, Texas (settlement reached in libel case).
• Christopher Gill, et al. v. American Broadcasting Companies, Inc., et al., Cause No. 95-CI-07456, in the 57th Judicial District Court of Bexar County, Texas and the Fourth Court of Appeals of Texas in San Antonio, 6 S.W.3d 19 (Tex. App.-San Antonio 1999, pet. denied) (Court of Appeals rendered judgment for defendants in libel case).
• Grant v. Alamogordo Daily News (settlement reached for the Alamogordo (New Mexico) Daily News).
• William Graves, et al. vs. New York Times Co. Magazine Group, Inc., et al., Cause No. 98-02370 I, in the 162nd Judicial District Court of Dallas County, Texas and the Fourth Court of Appeals of Texas in San Antonio (Court of Appeals rendered judgment for defendants in libel suit).
• Marta Greytok v. The Houston Post Company, et al., Cause No. 629418, in the 157th Judicial District Court of Harris County, Texas (summary judgment for defendants in libel case).
• Gulden v. Conde Nast Publications, Inc., Cause No. 91-10397-E, in the 101st Judicial District Court of Dallas County, Texas (settlement reached prior to trial in privacy and libel suit regarding publication of photographs contained in medical records).
• Hailey v. Gentleman’s Quarterly Magazine, et al., Cause No. 93-C-321, in the 5th Judicial District Court of Cass County, Texas (summary judgment for defendants in libel case; affirmed on appeal).
• Harden v. Times Mirror, Cause No. 11-81-058-CV, in the Eleventh Court of Civil Appeals of Texas in Eastland, 628 S.W.2d 859 (Tex. Civ. App.-Eastland 1982, writ ref’d n.r.e.) (Court of Appeals reversed jury verdict for plaintiff in libel case).
• Harper v. The Clifton Record, et al., No. 92-04-08092 (dismissal of libel case).
• Holloway v. Maury Povich, MoPo Productions, Inc., Paramount Pictures, Inc., The Houston Post, Cause No. 92-042311, in the 234th Judicial District Court of Harris County, Texas (dismissal of libel case by “cheerleader mom”).
• Charles Homsy v. King World Entertainment, Inc., Cause No. 94-044773, in the 269th Judicial District Court of Harris County, Texas (summary judgment for defendants in libel and fraud case; affirmed on appeal).
• Howell v. Hecht, Cause No. No. 05-88-01446-CV, in the Fifth Court of Appeals of Texas in Dallas, 821 S.W.2d 627 (Tex. App.-Dallas 1991, writ ref’d) (summary judgment for defendant; affirmed on appeal).
• Iron Thunderhorse v. The Houston Post, et al., Cause No. 92-45260, in the 55th Judicial District Court of Harris County, Texas (dismissal of libel case).
• Michael Irvin vs. Martin Griffin, et al., Cause No. 97-05140, in the 298th Judicial District Court of Dallas County, Texas (settlement reached in libel case).
• Vicki Jetelina v. ABC, Civil Action No. H-94-3806, in the United States District Court for the Southern District of Texas, Houston Division (summary judgment for defendants in intentional infliction of emotional distress case).
• Albert Kalas v. Wayne Dolcefino, et al., Cause No. 94-44638, in the 189th Judicial District Court of Harris County, Texas (dismissal of and summary judgment for defendants in libel case).
• KENS-TV, Inc. et al v. Farias, Cause No. 04-07-00170-CV, in the Fourth Court of Appeals of Texas in San Antonio, 2007 WL 2253502 (Tex. App.-San Antonio 2007) (Court of Appeals rendered summary judgment in favor of television station defendants in libel suit filed by candidate over attack ads).
• Kersh v. Knight Ridder Newspapers, Civil Action No. CA3-81-2152-H, in the United States District Court for the Northern District of Texas (dismissal for lack of personal jurisdiction).
• John Jason Knopp, et al. v. Fox Broadcasting, Inc. et al., Cause No. 017-155546-94, in the 17th Judicial District Court of Tarrant County, Texas (summary judgment for defendants in libel case; affirmed on appeal).
• Mike Konderla v. Shamrock Communications, Inc., d/b/a 98.9 KJFK-FM, Cause No. GN-002652, in the 261st Judicial District Court of Travis County, Texas (dismissal of libel and employment case).
• Jerold J. Ladd v. New Times, Inc., Cause No. 95-2532, in the 68th Judicial District Court of Dallas County, Texas (dismissal of libel case).
• Lindsey v. Sunbelt Consolidators, Inc., Cause No. A-34,984, in the 142nd Judicial District Court of Midland County, Texas (partial summary judgment for defendant followed by settlement in libel case).
• Pierce Marshall v. Vickie Lynn Hogan Marshall a/k/a Anna Nicole Smith et al, Cause No. 95-9248, in the 191st Judicial District Court of Dallas County, Texas (dismissal of libel case).
• Matta v. KTRK-TV, et al., Cause No. 92-039044, in the 215th Judicial District Court of Harris County, Texas (summary judgment for KTRK in libel case based, in part, upon the wire service defense).
• Matthews v. Wozencraft and Random House, Civil Action No. 4:91-CV-96, in the United States District Court for the Eastern District of Texas and the United States Court of Appeals for the Fifth Circuit, 115 F.3d 432 (5th Cir. 1994) (summary judgment for defendants in misappropriation of likeness and invasion of privacy case; affirmed on appeal).
• Charlotte Mayes v. A. H. Belo Corp., et al., Civil Action No. 3-96CV0396-X (summary judgment for KXAS Channel 5; court awarded costs on appeal).
• Arthur Miron v. KDFW-TV, Inc. d/b/a KDFW-TV and Channel 4 and Joel Thompson; Cause No. 93-08151, in the 101st Judicial District Court of Dallas County, Texas (dismissal of libel case).
• Clayton H. Mulvaney v. Joe San Miguel, Najla Wills, City of Del Rio Texas, and Del Rio News-Herald, Inc., Cause No. 21989, in the 63rd Judicial District Court of Val Verde County, Texas (summary judgment for defendants).
• Ella Collins Nelson v. Lin Corporation and KXAS, Civil Action No. 4-98-CV-0160Y, in the United States District Court for the Northern District of Texas, Fort Worth Division (summary judgment for defendant television station in libel case).
• O’Hara v. City of Mobile, in the Circuit Court of Mobile County, Alabama (dismissal, before any depositions were taken, of television station WPMI-TV in Mobile and its reporter in a libel case stemming from a series of reports broadcast on the station’s nightly news program about an individual who had been accused of abusing animals).
• Carver Dan Peavy v. New Times, Inc. and Peter Elkind, Civil Action No. 396-CV0547-R, in the United States District Court for the Northern District of Texas, Dallas Division, 976 F. Supp. 532 (summary judgment in case involving publication of allegedly illegal wiretap).
• Phillips v. The Motley Fool., in the Judicial District Court of Dallas County, Texas (summary judgment for the Web site The Motley Fool and three individual authors).
• Pitney v. Azle News Advertiser, Cause No. 67-76490-83, in the 67th Judicial District Court of Tarrant County, Texas (jury verdict for defendants in libel case).
• Steve Plumb v. Wayne Dolcefino, et al., Cause No. 98-20086, in the 113th Judicial District Court of Harris County, Texas (libel case).
• John Power v. Fox Broadcasting Co., NW Communications of Texas, Inc. v. Power, in the Fifth Court of Appeals of Texas in Dallas, 2000 WL 1036327, 28 Media L. Rep. 2483 (Tex. App.-Dallas 2000) (Court of Appeals reversed and rendered denial of motion for summary judgment and awarded costs to Fox; Texas Supreme Court denied plaintiff’s Writ of Error).
• Annie L. Preston v. Wayne Dolcefino, Capital Cities\ABC, Inc., CC Texas Holding Company, Inc. and KTRK Television, Inc., Cause No. 95-038952, in the 295th Judicial District Court of Harris County, Texas (dismissal of libel case).
• Randolph v. Jackson Walker L.L.P., Cause No. 14-99-00744-CV, in the Fourteenth Court of Appeals of Texas in Houston, 29 S.W.3d 271 (Tex. App.-Houston [14th Dist.] 2000, pet. denied) (Plaintiffs added Jackson Walker to list of defendants for firm’s actions in representing television station prior to news cast; trial court granted “death penalty” sanctions against plaintiffs, striking their pleadings as they related to Jackson Walker and finding that their claims against the firm were groundless and were brought for purposes of harassment; Court of Appeals upheld the death penalty sanctions; Texas Supreme Court denied plaintiffs’ Petition for Review).
• Revell v. Columbia University et al., in the United States District Court for the Northern District of Texas, 2001 WL 285253 (N.D. Tex. 2001) (dismissal for lack of personal jurisdiction on behalf of Columbia University in a libel case arising out of the posting of alleged defamatory material on an Internet bulletin board operated by the university; affirmed by the United States Court of Appeals for the Fifth Circuit).
• Sanders v. Fox, in the Judicial District Court of Dallas County, Texas (dismissal with prejudice by plaintiffs after we filed a motion for summary judgment on behalf of Fox Television Stations, Inc.).
• Vincent Sanders v. NW Communications of Texas, Inc., et al., Cause No. DV99-01311-G, in the 134th Judicial District Court of Dallas County, Texas.
• Scheman v. Scripps Howard Business Publications, CC-85-13747-b (CC Tex. 1986) (dismissal of libel case).
• Schmitt v. Times Herald Printing Co., No. 82-2275, in the United States Court of Appeals for the Tenth Circuit (settlement reached prior to decision; we represented defendant on appeal only).
• Service Corp., et al. vs. Darryl J. Roberts, et al., Civil Action No. H-97-3250, in the United States District Court for the Southern District of Texas, Houston Division (summary judgment in libel case involving a book and appearance on “60 Minutes”).
• Eugene E. Shanks, Sr. and Fliteline Maintenance, Inc. v. Terry Mark Kieler; The Texas Crew, Inc.; KTRK Television, Inc. and Capital Cities/ABC, Inc., Cause No. 33124-S, in the 329th Judicial District Court of Wharton County, Texas, and the Thirteenth Court of Appeals of Texas in Corpus Christi, 1 S.W.3d 230 (Tex. App.-Corpus Christi 2000, pet. denied) (Court of Appeals revered trail court’s denial of motion for summary judgment and rendered judgment for ABC regarding “Prime Time Live” broadcast).
• Ed Shawn v. Jeff Newman d/b/a The White Oak Independent, et al., Cause No. 94-279-B, in the 124th Judicial District Court of Gregg County, Texas (summary judgment for defendants in libel case).
• Sherman v. Times Herald Printing Co., Cause No. 08-83-00150-CV, in the Eighth Court of Appeals of Texas, 671 S.W.2d 700 (Tex. App.-El Paso 1984, no writ) (jury verdict for defendant affirmed on appeal in libel case).
• John Shike v. KGOL, et al., Cause No. 1999-11179, in the 234th Judicial District Court of Harris County, Texas (dismissal of libel case against radio station KGOL).
• John Simpson v. KDFW-TV, Inc. and Becky Oliver, Cause No. 352-142485-92, in the 352nd Judicial District Court of Tarrant County, Texas (dismissal of libel case).
• Southwest Manufacturers, Inc. v. Beveridge Business Systems, Cause No. CA4-87-875K, in the United States District Court for the Northern District of Texas, Fort Worth Division (jury verdict for defendant in slander case against speakers bureau and book publisher).
• William Stephens, et al. v. Wayne Dolcefino, et al., Cause No. 1999-43183, in the 215th Judicial District Court of Harris County, Texas (summary judgment for defendants in invasion of privacy and alleged wiretap case; partially reversed on appeal).
• Tommy E. Swate, M.D. v. Jennifer Schiffers, Associated Texas Newspapers, Inc., William E. Berger and Jeff Berger, Cause No. 04-97-00902-CV, in the Fourth Court of Appeals of Texas in San Antonio, 975 S.W.2d 70 (Tex. App.-San Antonio 1998, pet. denied) (Court of Appeals affirmed summary judgment for defendants after finding plaintiff to be a public figure).
• Tawfik v. Loyd and KDFW-TV, Civil Action No. CA-3-78-1253-D, in the United States District Court for the Northern District of Texas, Dallas Division, 5 Media L. Rep. 2067 (N.D. Tex. 1979) (summary judgment for defendants in libel case).
• Allan Taylor v. Martha I. Decker, et al., Cause No. 96-12373, in the 126th Judicial District Court of Travis County, Texas (libel case).
• Jeffrey Thompkins v. The Houston Post, County Court-at-Law No. 3 of Harris County, Texas (summary judgment for defendant in libel case).
• T.J.S. and T.S. as Next Friends of M.S. v. Clear Channel Communications, et al., Cause No. GN0-00518, in the 53rd Judicial District Court of Travis County, Texas (settlement reached in libel case against Austin radio station).
• Tolbert v. Times Herald Printing Co., Cause No. 91-12519-A, in the 14th District Court of Dallas County, Texas (summary judgment for defendants in libel case).
• Tomlinson v. KDFW-TV, Inc., Cause No. 91-12086, in the 95th Judicial District Court of Dallas County, Texas (dismissal of libel case involving a public official).
• Sylvester Turner v. KTRK-TV, et al., Cause No. 92-32914, in the 165th Judicial District Court of Harris County, Texas, and the Fourteenth Court of Appeals of Texas in Houston, 987 S.W.2d 100 (Tex. App.-Houston [14th Dist.] 1998), and the Texas Supreme Court, 38 S.W.3d 103 (Tex. 2000) (jury verdict for public official plaintiff in libel case; Court of Appeals reversed and rendered judgment for defendants; Texas Supreme Court affirmed judgment for defendants).
• Margaret Tyler v. The Denison Herald, et al., Cause No. 93-1183, in the 15th Judicial District Court of Grayson County, Texas (summary judgment in libel case).
• Margaret A. Tyler and Ronald C. Tyler v. The Denison Herald, et al., Cause No. 94-0383, in the 59th Judicial District Court of Grayson County, Texas (summary judgment in libel case).
• Leland Cage Wavell v. Am-Law Newspapers Corporation of Texas, et al., Cause No. 88-6547C, in the 94th Judicial District Court of Nueces County, Texas (dismissal of libel case).
• William A. Weilbacher v. Random House, Inc., Cause No. 95CI-16216, in the 225th Judicial District Court of Bexar County, Texas (settlement reached in libel case).
• Erik Williams v. Martin Griffin, et al., Cause No. 97-01347, in the 101st Judicial District Court of Dallas County, Texas (settlement reached in libel case).
• Word of Faith Outreach Center Church, et al. v. Diane Sawyer, et al., Civil Action No. 93-2310T, in the United States District Court for the Northern District of Texas, Dallas Division (summary judgment for defendants in libel and RICO case).
• Wynne v. Locke Liddell, in the Judicial District Court of Dallas County, Texas (summary judgment for law firm based upon the common interest privilege in libel case).
• Tillford Young v. Marty Griffin, et al., Cause No. 96-04752, in the 116th Judicial District Court of Dallas County, Texas (summary judgment for defendants in libel case).

Media Business Litigation

• Texas Tribune, Inc.; ProPublica, Inc.; Vianna Davila; Jeremy Schwartz; and Lexi Churchill v. MRG Medical LLC, Cause No. 03-23-00293-CV, Texas Third Court of Appeals at Austin (2024). Defended nonprofit news organizations against business disparagement and related claims arising from investigative report on local government officials’ interactions with entrepreneur during early days of COVID-19 pandemic.
• Darlene Tracy v. Oprah Winfrey, The Oprah Winfrey Show, Harpo Productions, Inc. and ABC Television, 2008 WL 2357943 (1st Cir.) (slip op.) (affirming Fed. R. Civ. P. 12(b)(6) dismissal of copyright infringement, fraud, and misappropriation of trade secrets claims relating to Oprah’s “Big Give” program).
• Steve Atkinson v. KVUE-TV, Inc. and Gannett Co., Inc., Cause No. 97-04486, in the 126th Judicial District Court of Travis County, Texas (dismissal with prejudice by plaintiff in breach of employment contract case).
• Benson Music Group, Inc. v. Capital Cities/ABC, Inc. and Word, Incorporated, Case No. W 92-CA-327, in the United States District Court for the Western District of Texas, Waco Division (settlement reached in copyright infringement case).
• Chair King v. KRBE, in the Judicial District Court of Harris County, Texas (summary judgment for radio station KRBE in a case brought under the Telephone Consumer Protection Act for allegedly sending unsolicited facsimile advertisements).
• Dallas Stars L.P. vs. Westinghouse Broadcasting Company, Inc., a/k/a Group W Sports Marketing and Group W Satellite Communications, Civil Action No. 3-97CV0583-X, in the United States District Court for the Northern District of Texas, Dallas Division (settlement reached in contract dispute).
• Dixon v. National Hot Rod Association, in the United States District Court for the Southern District of Texas, Houston Division (dismissal of a copyright infringement case against National Dragster Magazine regarding publication of plaintiff’s photographs).
• DSI Toys, Inc. vs. Sive/Young and Rubicam, L.P., Cause No. H-98-0665, in the United States District Court for the Southern District of Texas, Houston Division (dismissal of breach of advertising contract case).
• Evolution Design v. Jay Scheckley and Dark Carnival Bookstore, Cause No. 96-07677, in the 201st Judicial District Court of Travis County, Texas (nominal settlement reached in intellectual property dispute).
• Fred Garcia, an individual d/b/a El Informador vs. Star-Telegram Operating Ltd., d/b/a The Fort Worth Star Telegram and Star Telegram, Inc., Cause No. 96-169022-97, in the 96th Judicial Court of Tarrant County, Texas (summary judgment for defendant in trade dress and antitrust case involving Fort Worth Star Telegram publication La Estrella).
• KDFW-TV, Inc. v. Transportation Displays, Inc. and Lott McIlhenny, Cause No. 93-07570, in the District Court of Dallas County, Texas (settlement reached in breach of advertising contract and fraud case).
• Kelley v. Lin Television of Texas, Cause No. 11-99-00128-CV, in the Eleventh Court of Appeals of Texas in Eastland, 27 S.W.3d 564 (Tex. App.-Eastland 2000, pet. denied) (Court of Appeals affirmed take-nothing summary judgment in wrongful death case arising from collapse of television tower owned by clients).
• Lawrence E. Lamb v. The Hearst Corporation and North America Syndicate, Inc., Civil Action No. A-94-CA-413-JN, in the United States District Court for the Western District of Texas, Austin Division (resolved through mediation).
• Little Saigon Radio Broadcasting, Inc. v. Douglas Broadcasting, Inc., Cause No. 97-45719, in the 190th Judicial District Court of Harris County, Texas (settlement reached and dismissal of defendants after denial of temporary injunction in Lanham Act and unfair competition case regarding radio station programming).
• Malkan FM Associates, a Partnership v. Chitex Communications, Inc., d/b/a Radio Station KQTX, and Broadcasting Corporation of the Southwest, d/b/a KOUL, Cause No. 93-7224-E, in the 148th Judicial District Court of Nueces County, Texas (dismissal of libel case).
• Maranatha! Music v. Word, Inc., Case No. W-92-CA-207, in the United States District Court for the Western District of Texas, Waco Division (settlement reached in antitrust and breach of distribution agreement case).
• Natkin, et al. v. Oprah Winfrey, et al., Civil Action No. 99-C-5367, in the United States District Court for the Northern District of Illinois, Eastern Division (settlement reached on third day of trial in copyright case against Oprah Winfrey filed by former photographers of the Oprah Winfrey show).
• O’Connor v. American Lawyer Media, L.P., Civil Action No. H-92-0496, in the United States District Court for the Southern District of Texas, Houston Division (settlement reached in breach of publishing contract and copyright infringement case).
• The Perry Company v. Arnold Communications, in the County Court-at-Law of Dallas County, Texas (favorable settlement reached for advertising client).
• Satellite Music Network v. Donrey Media, Inc., in the United States District Court for the Northern District of Texas, Dallas Division (settlement reached prior to final judgment in jury trial of a breach of a network agreement case).
• Lyn B. Stephenson v. The Houston Post Company, Civil Action No. H-93-0139, United States District Court for the Southern District of Texas, Houston Division (summary judgment for defendant in copyright and license agreement case).
• E.R. Stuart v. Time Inc., Cause No. JS95-02750A, in the Justice of the Peace Court, Precinct 1, Place 1 in Dallas County, Texas (verdict for defendant in breach of contract case).
• Texas Hot Looks, Inc. v. ABC, Inc. et al., in the United States District Court for the Northern District of Texas (settlements reached in copyright case; we represented American Journal, CNN, E! Entertainment, CBS, ABC, and Newsweek).
• Texas Hot Looks, Inc. vs. Sipa Press, et al., Civil Action No. 3-98CV0852-D, in the United States District Court for the Northern District of Texas, Dallas Division (settlement reached in copyright infringement case).
• Barry Warner v. Z-Spanish Media Corporation; Cause No. 726808, in County Court-at-Law No. 1 of Harris County, Texas (settlement reached and dismissal of breach of employment agreement case).
• Ostrofsky v John Wiley & Sons, in the Judicial District Court of Harris County, Texas (voluntary dismissal by plaintiff of defendant in breach of contract case; plaintiff nonsuited defendant in response to motion for summary judgment, which was filed without discovery or depositions).
• In Re: Infinity Stores, et. al. Debtor, Cause No. 396-30949-SAF-11, Taylors, Ltd. v. Berkley Publishing Corporation, Adv. No. 397-3019, United States Bankruptcy Court for the Northern District of Texas, Dallas Division (summary judgment for publishing companies).

Other First Amendment Litigation

• Villarreal v. Alaniz et al., Cause No. 20-40359, U.S. Supreme Court (2024). Represented a coalition of 21 media organizations as amici curiae in support of a citizen journalist’s petition for writ of certiorari in the U.S. Supreme Court after her arrest for reporting on the death of a Border Patrol employee based on a law intended to punish bid-rigging. The Supreme Court granted the petition, vacated the Fifth Circuit’s judgment, and remanded the case for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam).
• Little v. Llano County, Cause No. 23-50224, 5th Cir. (2024). Represented publishers and authors as amici curiae in First Amendment challenge to Texas county’s attempt to ban several award-winning books from public library shelves.
• In Re Dallas Area Rapid Transit (DART) (issues relating to newsracks on city buses).
• Miller v. TransAmerican Press, in the United States Court of Appeals for the Ninth Circuit, 709 F.2d 524 (9th Cir. 1983) (case involving speech and debate clause of the federal Constitution).
• Sharp v. Cox Texas Publications, in the Third Court of Appeals of Texas in Austin, 943 S.W.2d 206 (Tex. App.-Austin 1997, no writ) (Court of Appeals affirmed judgment for publisher in bench trial to protest attempts to recover sales taxes on distribution of free magazine).
• Texans Against Censorship v. State Bar of Texas, in the United States District Court for the Eastern District of Texas (First Amendment challenge to new regulations on lawyer advertising; case was tried and some regulations were held unconstitutional while others were upheld; settlement reached on appeal).

Access to Government Information

• Dolcefino v. Harris County Sheriff’s Department and Sheriff Tommy Thomas, Case No. 2008-03462, in the 281st Judicial District Court, Harris County, Texas (2008) (summary judgment for television station wherein trial court required local sheriff to produce deleted emails to reporter over sheriff’s claims that emails were exempt from state law retention and production requirements).
• In re ABC News, Cause No. 87-CO-3680, in the 288th Judicial District Court of Bexar County, Texas (ABC News intervened to unseal court records in a case involving the Jim Wright ethics investigation conducted by the House of Representatives; the court issued an order unsealing the records).
• City of Dallas v. The Dallas Morning News, Case No. 06-06607, in the 191st District Court, Dallas County, Texas (emails by mayor of Dallas sent by personal Blackberry but concerning official business are public information subject to disclosure in response to request by newspaper under the Texas Public Information Act; trial court order for release of emails on appeal by city, which contends the messages do not meet the statutory definition of “public information.”)
• In re ABC News, Cause No. 93-021156, in the 190th Judicial District Court of Harris County, Texas (ABC News intervened to obtain unfiled discovery produced under a protective order in a case alleging widespread prescription error by a national pharmacy; we successfully obtained, through an evidentiary hearing, an order from the court permitting dissemination of such records).
• Nguyen v. The Dallas Morning News, L.P. et al., 2008 WL 2511183 (Tex. App.—Fort Worth June 19, 2008) (diocesan records of alleged sexual misconduct by Catholic priest ordered unsealed after intervention by Dallas and Forth Worth metropolitan newspapers).
• City of Bastrop, Texas v. Westward Communications, Inc., d/b/a the Bastrop Advertiser, Cause No. 21, 329, in the 335th Judicial District Court of Bastrop County, Texas (Open Records Act case).
• Belo v. Clark (In re KDFW), Civil Action Nos. 80-2169, 80-2239, in the United States Court of Appeals for the Fifth Circuit, 654 F.2d 423 (5th Cir. 1981) (access to audio tapes in Brilab case).
• John Bird d/b/a Wishlist v. Foy Mitchell, Jr., et al., Cause No. 93-02786-C (obtained governmental records as the result of a successful trial).
• In re Amy Boardman, Bird v. Elm Block Development, Limited Partnership and Hughes & Luce, L.L.P., Cause No. 11-93-119-CV, in the Eleventh Court of Appeals of Texas in Eastland, 872 S.W.2d. 297 (Tex. App.-Eastland 1993, no writ) (access to court records under Rule 76a, obtained partial records from trial court and complete records from appellate court).
• Capital Cities/ABC Inc. and Janice Tomlin v. Vance, Cause No. 87-17188-F, in the 116th Judicial District Court of Dallas County, Texas (suit to obtain audio tapes in Peggy Railey attempted murder investigation).
• Wayne Dolcefino v. Honorable Dan Morales, HISD, Dr. Rod Paige, Cause No. 94-47506, in the 215th Judicial District Court of Harris County, Texas (access to records under the Open Records Act).
• Kneeland v. NCAA, Cause No. 86-1825, in the United States Court of Appeals for the Fifth Circuit, 850 F.2d 224 (5th Cir. 1988), cert denied, 109 S. Ct. 868 (1989) (access to NCAA and Southwest Conference records).
• In re NBC News, Cause No. 93G1617, in the 239th Judicial District of Brazoria County, Texas (NBC News intervened to obtain unfiled discovery produced under a protective order in a products liability case involving an allegedly defective baby cradle.).
• In re Ryan Emerson Railey, et al., Cause No. 87-16341-S, in the 255th Judicial District Court of Dallas County, Texas (successful suit by KDFW-TV, Inc. to unseal court records relating to the child support award of a former Methodist minister whose wife was strangled in the family garage).
• In re the Texas Lawyer, Cause No. 462714, in the 261st Judicial District Court of Travis County, Texas (successful suit by the Texas Lawyer to unseal court records regarding a major Texas law firm and its insurance carrier).
• Times Herald Printing Co. v. Tuttle and Jones, Cause No. C-5412, in the Texas Supreme Court, 730 S.W.2d 649 (Tex. 1987) (access to pleadings and opinions).
• United States of America v. Kathryn Schroeder et al., In re American Broadcasting Cos., National Broadcasting Co., Inc. Cable News Network, Inc., CBS, Inc., Criminal Action No. W-93-CR-046, in the United States District Court for the Western District of Texas, Waco Division (motion for contemporaneous access to court records).

Representative List of Media and Telecommunications Transactions

• Bakor Broadcasting, Inc. We represented Bakor Broadcasting, Inc. in connection with the acquisition of KSEL-AM and KSEL-FM, Lubbock, Texas, the acquisition of KLSF-FM, Amarillo, Texas, and the acquisition of KORQ-AM and KORQ-FM, Abilene, Texas.
• Clear Channel Communications, Inc. We represented Clear Channel Communications, Inc. and its affiliate Clear Channel Radio, Inc. in connection with a number of transactions, including: an investment in Snowden Broadcasting of New Orleans, an acquisition of WYLD-AM/FM of New Orleans, and an asset contribution transaction involving radio stations in Tulsa, Oklahoma; Bryan, Texas; Wichita, Kansas; and New Haven, Connecticut.
• Jasas Corporation. We Represented Jasas Corporation in connection with a management agreement entered into with Tribune Broadcasting Company regarding WBDC-TV Channel 50, Washington, D.C.; and an option agreement entered into with Tribune Broadcasting Company regarding the right to acquire the assets of WBDC-TV. We also represented Jasas Corporation in connection with the refinancing of secured credit facility of Jasas Corporation with Bank of American National Trust and Savings Association.
• MVenture Corp. We represented MVenture Corp in connection with the capitalization of Moreland Group, Inc. and establishment of WFYF-TV, Watertown, New York, and the capitalization of McCartin Publishing Company and its acquisition of Park Cities People newspaper.
• River City Broadcasting, L.P. We represented River City Broadcasting, L.P. in connection with a proposed public offering of high-yield debt securities, the proceeds of which were to be used to acquire 18 radio stations from Keymarket Communications Group.
• TCA Cable TV, Inc. We represented TCA Cable TV, Inc. in connection with the acquisition of cable television systems serving: Alexandria, Louisiana; Fayetteville, Arkansas; Russellville, Arkansas; El Dorado, Arkansas; San Angelo, Texas; Greenville, Mississippi; Clovis, New Mexico; and Amarillo, Texas.