Bob Sambol bought the place from Wamstad and turned it into Bob's Steak & Chophouse in 1994. The purpose of the actual-malice standard is "protecting innocent but erroneous speech on public issues, while deterring calculated falsehoods." News v. Dracos, 922 S.W.2d 242, 255 (Tex.App.-San Antonio 1996, no writ) (actual malice cannot be inferred from falsity of the challenged statement alone); Fort Worth Star-Telegram v. Street, 61 S.W.3d 704, 713-14 (Tex.App.-Fort Worth 2001, pet. . The divorce court thus disagreed with the trial court's determination, in the previous criminal trial, that Rumore acted in self-defense. Furthermore, that Rumore confessed to confusion about past events, and that Stuertz thought her remarrying Wamstad was not logical, are not probative of whether Stuertz believed the Statements, as they appeared in the Article, were false. The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. Dale is related to Dale Tervooren and Dane Thomas Wamstad as well as 3 additional people. In 1986, she and partner Dale Wamstad moved Del Frisco's to Dallas where it later mushroomed with success when it was bought by Lone Star Steakhouse and Saloon in 1995. 496-705-1665. www.roostertownwafflery.com RELATED STORIES News v. Dracos, 922 S.W.2d 242, 255 (Tex.App.-San Antonio 1996, no writ) (actual malice cannot be inferred from falsity of the challenged statement alone); Fort Worth Star-Telegram v. Street, 61 S.W.3d 704, 713-14 (Tex.App.-Fort Worth 2001, pet. Casso, 776 S.W.2d at 558. And the evidence shows that Wamstad used his access to the media to comment on his rivals and his business disputes. To maintain a defamation cause of action, the plaintiff must prove that the defendant (1) published a statement (2) that was defamatory concerning the plaintiff (3) while acting with either actual malice, if the plaintiff was a public figure, or negligence, if the plaintiff was a private individual, regarding the truth of the statement. 1980)). We disagree that no public controversy existed. Rem. The Court summarized as follows: In a public-figure defamation case, a libel defendant is entitled to summary judgment under rule 166a(c) by negating actual malice as a matter of law. In context, the import of the statement in Casso is that, as to actual malice, the issue of credibility does not preclude summary judgment: Casso, 776 S.W.2d at 558. He discussed the extensive interviews, media reports, court documents and transcripts Stuertz used and the level of corroboration among the sources. In sum, the media coverage of Wamstad over the past 15-plus years has been substantial and considerably focused on Wamstad's personality, with Wamstad himself participating in the media discussion. 9. 00-02758-C, Gary Hall, J. J. Michael Tibbals, Joseph A. Barbknecht, J. Brantley Saunders, The Barbknecht Firm, P.C., David G. Allen, Stacy Conder, L.L.P., Charles L. Babock, Jim (James) McCown, Jackson Walker, LLP, Dallas, for appellants. Beef isn't the only entre sparking legal brawls. The judge ruled that she had acted in self-defense. In actual-malice cases, such affidavits must establish the defendant's belief in the challenged statements' truth and provide a plausible basis for this belief. Again, the press covered the personal aspects of the rivalry between the parties, reporting that both sides claimed total victory. I probably deserve it However, leave Dee Lincoln and Del Frisco's.. out of it. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678-79 (Tex. Accordingly, we reverse and render judgment for all Appellants. at 558-59. Huckabee v. Time Warner Enter. All Defendants brought motions for summary judgment, which the trial court denied, and all Defendants brought this interlocutory appeal. The purpose of the actual-malice standard is protecting innocent but erroneous speech on public issues, while deterring calculated falsehoods. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 120 (Tex.2000). The Dallas Times Herald published two pieces on the dispute, one entitled "Dueling Steak Knives." In actual-malice cases, such affidavits must establish the defendant's belief in the challenged statements' truth and provide a plausible basis for this belief. Id. Wamstad sued Fertel for defamation, and Fertel countersued for false advertising and unfair competition. Accordingly, this is not a case where a defamation plaintiff was thrust into the public eye and involuntarily remained there. Loads of folks around here admire Dale Wamstad's business sense. NEW TIMES, INC. d/b/a Dallas Observer; Mark Stuertz; Lena Rumore Waddell, Lou Saba; and Jack Sands, Appellants, v. Dale F. WAMSTAD, Appellee. Once the defendant has produced evidence negating actual malice as a matter of law, the burden shifts to the plaintiff to present controverting proof raising a genuine issue of material fact. Restaurateur Dale Wamstad has sold the 83,000-square-foot retail and office development in Richardson to a local group formed by Huey Investments and Standridge Companies. Sometime after the opening, the Dallas Business Journal and the Observer covered yet another of Wamstad's business disputes-again focusing on the personal aspects of the dispute-this time with rival steakhouse-owner Richard Chamberlain. Civ. In Wilson, the Fifth Circuit Court of Appeals reversed the district court's determination that the libel plaintiff adduced insufficient evidence of malice. We are not persuaded that Wilson should apply here. "Actual malice is defined as the publication of a statement `with knowledge that it was false or with reckless disregard of whether it was false or not.'" See Brueggemeyer, 684 F. Supp. Wamstad's expert witness opined that the Observer's investigation was "grossly inadequate given the source bias, lack of pre-dissemination opportunity to respond, [and] lack of deadline pressure." denied) (defendant's testimony established plausible basis for professed belief in truth of publication, thus negating actual malice even if publication not substantially correct). Id. Del Frisco's co-founder exits company | Nation's Restaurant News Id., (citing Trotter v. Jack Anderson Enters., Inc., 818 F.2d 431, 433 (5th Cir.1987)). She had no knowledge at any time that the Article or any statements in it were false and did not at any time entertain doubts as to the truth of the statements. Dale Wamstad sells - Richardson Chamber of Commerce | Facebook 2. Adding more fuel to the feud was Wamstad's then-wife, Lena, who shot Wamstad three times - and missed with two other shots - in their New Orleans restaurant in 1985. That Court noted the mere fact that a libel defendant knows that the libel plaintiff denies an allegation is not evidence that the defendant doubted the allegation. Public figures have assumed the risk of potentially unfair criticism by entering into the public arena and engaging the public's attention. Steaks Unlimited, Inc. v. Deaner, 623 F.2d 264, 273 (3d Cir.1980) (intensive advertising and continuing access to media made libel plaintiff a limited public figure). Wamstad also sued Rumore, Saba, and Sands (collectively, "Individual Defendants"). The case is expected to go to trial in January. The Article also describes numerous disputes former business partners had with Wamstad, many of which resulted in lawsuits. Prac. That is, the judge's disagreement with Rumore's assertion of self-defense does not raise a fact question whether Rumore herself believed her Statement that she acted in self-defense was false. Dracos, 92 S.W.2d at 255. 2000). Id. The Texas Supreme Court has recently addressed the issue of what type of evidence is probative of actual malice in a case involving media defendants. Wamstad's reliance on Wilson v. UT Health Center is also misplaced. The second element requires that the plaintiff have more than a trivial or tangential role in the controversy. New York Times Co. v. Connor, 365 F.2d 567, 576 (5th Cir.1966). 2997. at 573 (citations omitted). Del Frisco's Double Eagle Steakhouse was founded in 1980 and III Forks in 1998. See Huckabee, 19 S.W.3d at 428-29 (extensive legal review with editorial rewrites not evidence of actual malice). She's a great lady. . Thus, the issue of credibility does not preclude summary judgment on the issue of actual malice. Once the defendant establishes its right to summary judgment as a matter of law, the burden shifts to the plaintiff to present evidence raising a genuine issue of material fact, thereby precluding summary judgment. He had no knowledge that the Article or any statements in it were false and at no time did he entertain any doubts as to the truth of the statements in the Article. v. Wechter for the proposition that, when the truth or falsity of a statement is within the particular purview of the defamation defendant, then falsity is probative of malice. Dale Wamstad, also known as "Del Frisco," is the sole founder of two iconic, nationally recognized steakhouses. The Texas Supreme Court has recently addressed the issue of what type of evidence is probative of actual malice in a case involving media defendants. Dalw Wamstad Business - dalefwamstad.com Although actual malice focuses on the defendant's state of mind, a plaintiff can prove it through objective evidence about the publication's circumstances. Accordingly, we reverse the trial court's order insofar as it denies their motions for summary judgment and render judgment in favor of all Appellants. Make a one-time donation today for as little as $1. One for Us | News | Dallas - Dallas Observer She alleges Wamstad created a "web of lies" to conceal the true ownership and value of Del Frisco's assets following their 1987 divorce. Roy Wamstad describes specific incidents in which he asserts his father physically and emotionally abused him. Using his charm, wit and steak house, he wined and dined the right people into complicit submission. (When asked to comment for the newspaper articles, Wamstad told one newspaper that the matter is over and refused to return calls to the other. Id. The standards for reviewing summary judgment under rule 166a(c) are well established. We conclude that Williams' not recalling his next personal involvement with the Article does not contradict his later affidavit testimony that the Statements in the Article were not published with actual malice. Mgmt. independent local journalism in Dallas. Accordingly, we reverse and render judgment for all Appellants. Three employees of the Observer-reporter Mark Stuertz, managing editor Patrick Williams, and editor Julie Lyons-each submitted an affidavit denying actual malice.
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