Supreme Court of Texas Blog

No. 14-0456
Click for Official Page

KBMT OPERATING COMPANY, LLC, KBMT LICENSE COMPANY, LLC, BRIAN BURNS, JACKIE SIMIEN AND TRACY KENNICK v. MINDA LAO TOLEDO

Oral argument was held on November 13, 2015. The Court issued an opinion resolving the case on June 17, 2016. File Closed

Opinions

June 17, 2016

Hecht
Green
Guzman
Lehrmann
Devine
Brown

Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined. PDF

Boyd
Johnson
Willett

Justice Boyd delivered a dissenting opinion, in which Justice Johnson and Justice Willett joined.View Electronic Briefs | Oral Argument | Video PDF

 

Court of Appeals

Appellate District:9th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:09-13-00234-CV
Opinion Author:Honorable Charles Kreger

Trial Court

Trial Court:128th District Court
County:Orange
Trial Judge:Honorable Courtney Burch-Arkeen
Trial Docket:A-130025-C

Docket Entries

Date Event Outcome  
2016-07-29 Mandate issued  
2016-06-17 Court approved judgment sent to attorneys of record Issued
2016-06-17 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2016-06-17 Dissenting opinion issued.   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 Exhibits in case/cause filed (Petitioner)  
2015-11-12 Phone call from Clerk's Office  
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  

Parties

Party Counsel Role
Toledo, Minda Lao
Mr. Mark Wham
Mr. Joe House
Mr. Brian Nolan Mazzola
Carla Marie Perron
Mr. Benjamin House
Respondent
Burns, Brian
Jessica L. Spaniol
Olga A. Bograd
Mr. Michael A. McCabe
Petitioner
KBMT Operating Company, LLC
Jessica L. Spaniol
Olga A. Bograd
Mr. Michael A. McCabe
Petitioner
KBMT License Company, LLC
Olga A. Bograd
Jessica L. Spaniol
Mr. Michael A. McCabe
Petitioner
Kennick, Tracy
Olga A. Bograd
Jessica L. Spaniol
Mr. Michael A. McCabe
Petitioner
Simien, Jackie
Olga A. Bograd
Jessica L. Spaniol
Mr. Michael A. McCabe
Petitioner

Amici Curiae

Amicus Curiae Counsel
The E.W. Scripps Co.
Ms. Laura Lee Prather
Dow Jones & Company, Inc.
Ms. Laura Lee Prather
Associated Press
Ms. Laura Lee Prather
Gray Television, Inc.
Ms. Laura Lee Prather
D Magazine
Ms. Laura Lee Prather
News Corporation
Ms. Laura Lee Prather
The Dallas Morning News, Inc.
Ms. Laura Lee Prather
National Public Radio
Ms. Laura Lee Prather
Hearst Corporation
Ms. Laura Lee Prather
KXAN and KBVO
Ms. Laura Lee Prather
Texas Press Association
Ms. Laura Lee Prather
The New York Times Company
Ms. Laura Lee Prather
Fort Worth Star-Telegram
Ms. Laura Lee Prather
KTRK Television, Inc.
Ms. Laura Lee Prather
Online News Association
Ms. Laura Lee Prather
Advance Publications
Ms. Laura Lee Prather
Emmis Communications Corporation
Ms. Laura Lee Prather
National Press Photographers
Ms. Laura Lee Prather
Sinclair Broadcasting Group
Ms. Laura Lee Prather
Newspaper Assn. of America
Ms. Laura Lee Prather
Texas Association of Broadcasters
Ms. Laura Lee Prather

What is needed to establish the "fair report" privilege on a motion to dismiss?

defamation

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.

...
...