No. 14-0456
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Oral argument was held on November 13, 2015. The Court issued an opinion resolving the case on June 17, 2016. File Closed
Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined. PDF
Justice Boyd delivered a dissenting opinion, in which Justice Johnson and Justice Willett joined.View Electronic Briefs | Oral Argument | Video PDF
| Appellate District: | 9th Court of Appeals |
| Outcome Below: | Affirmed |
| COA Docket No.: | 09-13-00234-CV |
| Opinion Author: | Honorable Charles Kreger |
| Trial Court: | 128th District Court |
| County: | Orange |
| Trial Judge: | Honorable Courtney Burch-Arkeen |
| Trial Docket: | A-130025-C |
| Date | Event | Outcome | |
|---|---|---|---|
| 2016-07-29 | Mandate issued | ||
| 2016-06-17 | Dissenting opinion issued. | Issued | |
| 2016-06-17 | Opinion issued | Court of Appeals' judgment reversed; cause remanded to trial court | |
| 2016-06-17 | Court approved judgment sent to attorneys of record | Issued | |
| This case was awaiting the Court's decision after oral argument between November 23, 2015 and June 17, 2016. | |||
| 2015-11-23 | Post submission brief filed (Respondent) | ||
| 2015-11-13 | Oral argument | ||
| 2015-11-12 | Phone call from Clerk's Office | ||
| 2015-11-12 | Exhibits in case/cause filed (Petitioner) | ||
| 2015-11-09 | Supplemental Brief filed (Petitioner) | ||
| 2015-11-09 | Supplemental Brief filed (Petitioner) | ||
| 2015-11-02 | Supplemental Brief filed (Petitioner) | ||
| 2015-11-02 | Supplemental Brief filed (Petitioner) | ||
| 2015-10-26 | Call received | ||
| 2015-10-21 | Supreme Court requests parties to file additonal briefs | ||
| 2015-10-19 | Oral Argument Submission Form from Attorney received | ||
| 2015-09-23 | Oral Argument Submission Form from Attorney received | ||
| This case was waiting for oral argument between July 10, 2015 and September 23, 2015. | |||
| 2015-07-10 | Case set for oral argument | Case set for oral argument | |
| This case was waiting for oral argument between March 13, 2015 and July 10, 2015. | |||
| 2015-03-13 | Petition for Review disposed | Filing granted | |
| 2015-03-13 | Petition for Review granted | ||
| 2015-01-29 | Reply Brief (Petitioner) | ||
| 2015-01-20 | Amicus Curiae Brief received (Amicus Curiae) | ||
| 2014-12-17 | Motion for Extension of Time disposed. | Filing granted | |
| 2014-12-17 | Motion for Extension of Time to File Brief filed | ||
| 2014-12-15 | Brief on the Merits (Respondent) | ||
| 2014-11-24 | Brief on the Merits (Petitioner) | ||
| 2014-10-28 | Case Record Filed | ||
| 2014-10-27 | Record Requested in Petition for Review | ||
| 2014-10-24 | Brief on the Merits Requested | ||
| 2014-09-05 | Reply to Response (Petitioner) | ||
| 2014-08-26 | Case forwarded to Court | ||
| 2014-08-21 | Response to Petition (Respondent) | ||
| 2014-07-23 | Petition for Review (Petitioner) | ||
| 2014-06-09 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | |
| 2014-06-09 | Motion for Extension of Time to File Petition for Review filed |
| Party | Counsel | Role | |||||
|---|---|---|---|---|---|---|---|
| Toledo, Minda Lao |
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Respondent | |||||
| Burns, Brian |
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Petitioner | |||||
| KBMT Operating Company, LLC |
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Petitioner | |||||
| KBMT License Company, LLC |
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Petitioner | |||||
| Kennick, Tracy |
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Petitioner | |||||
| Simien, Jackie |
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Petitioner |
| Amicus Curiae | Counsel | ||
|---|---|---|---|
| The E.W. Scripps Co. |
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| Dow Jones & Company, Inc. |
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| Associated Press |
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| Gray Television, Inc. |
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| D Magazine |
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| News Corporation |
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| The Dallas Morning News, Inc. |
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| National Public Radio |
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| Hearst Corporation |
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| KXAN and KBVO |
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| Texas Press Association |
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| The New York Times Company |
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| Fort Worth Star-Telegram |
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| KTRK Television, Inc. |
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| Online News Association |
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| Advance Publications |
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| Emmis Communications Corporation |
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| National Press Photographers |
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| Sinclair Broadcasting Group |
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| Newspaper Assn. of America |
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| Texas Association of Broadcasters |
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A local TV station reported on a tip it had received about a Texas Medical Board disciplinary action against a local doctor. The station's report combined information from the press release the TMB issued summarizing the disciplinary action (which mentioned inappropriate dealings with a "patient") and some language from the doctor's online profile at TMB (which described her practice as "pediatrics"). The result was a sentence that, it is alleged, falsely suggests that the doctor had an inappropriate relationship with a child.
The station filed a motion to dismiss under the Texas Citizens Participation Act, Texas's anti-SLAPP statute, alleging among other grounds that the report was protected by the "fair report" privilege because it was based on a press release about a TMB proceeding. The trial court denied the motion, and the court of appeals affirmed.
The Texas Supreme Court has granted review. This case will be heard in November at a special sitting of the Court at Abilene Christian University.
