That the Media Defendants published her Statements anyway, his argument goes, is evidence of actual malice. Co., 690 S.W.2d 546, 548 (Tex.1985). Id. Make your practice more effective and efficient with Casetexts legal research suite. In essence, he argues that falsity of the Statements is probative of actual malice. 2000). A public-figure libel plaintiff must prove the defendant acted with actual malice in allegedly defaming him. It is not probative of the Media Defendants' conscious awareness of falsity or whether they subjectively entertained serious doubt as to the truth or falsity of the Statements as reported in the Article. The managing editor had stated to her that virtually all of the information, even that conveyed in interviews with Rumore and Roy Wamstad, was corroborated by other sources or documents. (quoting Dilworth v. Dudley, 75 F.3d 307, 309 (7th Cir. The record evidence shows that around the time Rumore was tried for shooting Wamstad, in 1986, he began to receive considerable press attention concerning his domestic life. Wamstad's big beef If you think III Forks owner Dale Wamstad--and his 257-year-old alter ego, Capt. In 1996, the Dallas press noted that Wamstad was "known for getting embroiled in legal battles with former business partners and rival steakhouse chains." This case concerns a defamation suit brought by restaurateur Dale Wamstad after a detailed article about him appeared in the Dallas Observer. Wamstad's ex-wife, Lena Rumore, describes alleged incidents of Wamstad's physical abuse of her, her shooting of Wamstad in 1985, and the ensuing trial in which she was acquitted based on self-defense. To establish reckless disregard in this context, a defamation plaintiff must prove that the publisher entertained serious doubts as to the truth of his publication. Id. 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. The case is expected to go to trial this summer. Prac. He stated that he had no knowledge that the Article or any statements in it were false at the time the Article was published, and at no time did he entertain any doubts as to the truth of the statements made in the Article. Co. L.P., 19 S.W.3d 413, 420 (Tex.2000). Casso, 776 S.W.2d at 558. Id. As used in the defamation context, actual malice is different from traditional common-law malice; it does not include ill will, spite or evil motive. And it's not a steakhouse. See Bentley, 94 S.W.3d at 596. The Article was precisely about that contradiction and thus a continuation of the public discussion of Wamstad's endeavors and disputes. Stuertz states in his affidavit that he had arranged an interview with Wamstad, but Wamstad later canceled it on advice of his attorney. In essence, he argues that falsity of the Statements is probative of actual malice. The second element requires that the plaintiff have more than a trivial or tangential role in the controversy. It reportedly escalated from there. Texas Monthly and at least one trade magazine covered the suit with Fertel, as did ABC World News Tonight. The AP article was picked up by numerous Texas newspapers, as well as newspapers in Charleston, Fort Lauderdale, Chicago, Baton Rouge, and Phoenix. 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. Affidavits from interested witnesses will negate actual malice as a matter of law only if they are "clear, positive, and direct, otherwise credible and free from contradictions and inconsistencies, and could have been readily controverted." Whether a party is a public figure is a question of constitutional law for courts to decide. See Casso, 776 S.W.2d at 555. Ms. Independent evidence is required: Id. Id., quoted approvingly in McLemore, 978 S.W.2d at 572. 1984). See Gertz, 418 U.S. at 346 ; Waldbaum, 627 F.2d at 1297 n. 27 ("controversy need not concern political matters"). Business. at 423. Texas Monthly and at least one trade magazine covered the suit with Fertel, as did ABC World News Tonight. 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. 2997. As noted, falsity alone does not raise a fact question on actual malice. Id. Wamstad reproduced the list in his advertising, particularly in airline magazines, reportedly with great success. See also Brueggemeyer v. Am. 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. Subsequently, in 1995, the press reported that Wamstad dropped the libel suit to facilitate his $23 million sale of Del Frisco's to a national chain. 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 record refers to Wamstad's involvement in at least ten restaurants since 1977 and contains court documents concerning legal disputes over at least four different restaurants, involving four different former associates. A few months after Svalesen resigned from the restaurant in June 1999, Upright slapped him with a lawsuit demanding the return of his shares in the restaurant's parent company, Pescado Inc., because he failed to purchase them with cash. (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. If he cannot secure it during the discovery process, he is unlikely to stumble on to it at trial. By publishing your views you invite public criticism and rebuttal; you enter voluntarily into one of the submarkets of ideas and opinions and consent therefore to the rough competition in the marketplace. Id. 973 F.2d 1263, 1270-71 (5th Cir. See Huckabee, 19 S.W.3d at 428-29 (extensive legal review with editorial rewrites not evidence of actual malice). So Wamstad took the beef to the state's highest court. Wamstad named as defendants parties associated with the media as well as individuals. Id. 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. . Learn more about FindLaws newsletters, including our terms of use and privacy policy. Hash Over | Restaurants | Dallas | Dallas Observer | The Leading When Piper moved his restaurant, Wamstad reopened a Del Frisco's in the original location. Civ. 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. 5. The two were inevitably linked, particularly because reports by others contrasted significantly with the family-man persona Wamstad persistently projected in his advertising. We reject this argument, just as the court in Huckabee did. WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). The court can see if the press was covering the debate, reporting what people were saying and uncovering facts and theories to help the public formulate some judgment. Id., quoted approvingly in McLemore, 978 S.W.2d at 572. The managing editor had stated to her that virtually all of the information, even that conveyed in interviews with Rumore and Roy Wamstad, was corroborated by other sources or documents. (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.). Rumore filed the suit shortly after Wamstad sold his interest in Del Frisco's restaurants for nearly $23 million. One of the most important lessons that they, as parents, have instilled in their daughters, Dale and Shelby Rose, and son, Dane, is that true happiness and fulfillment in their lives comes from three places: the satisfaction of working hard and reaping the fruits of labor, the . Just My 2 Cents Worth: More to the Dale Wamstad Story - Blogger The marathon game had lasted 9 hours and 23 minutes. Thus, that Wamstad and the divorce judge disagreed with Rumore's allegations is not evidence that the Media Defendants subjectively believed that Rumore's Statements, as they appeared in the Article, were false or that they entertained serious doubts about their truth. We conclude that Wamstad is a limited public figure, that all Defendant-Appellants conclusively negated the element of "actual malice," which Wamstad did not successfully controvert, thus entitling them to summary judgment as a matter of law. "When the ink was dry on the partition agreement, [Wamstad] began to unravel the web for his own purposes, so that he could reap all of the benefits from selling the very business Ms. Rumore and the community capital had helped to create," say court documents filed on behalf of Rumore. The AP article was picked up by numerous Texas newspapers, as well as newspapers in Charleston, Fort Lauderdale, Chicago, Baton Rouge, and Phoenix. Huckabee v. Time Warner Enter. Wamstad argues this deposition testimony controverts Williams' affidavit testimony that directly negates actual malice. We conclude the Individual Defendants' affidavits negated actual malice. 1987)). But in determining whether a "public controversy" exists, we look to whether the public actually is discussing a matter, not whether the content of the discussion is important to public life. When It's Top-10-Steakhouse List, The Knives Are Out - The Seattle Times 683 S.W.2d 369, 374-75 (Tex.1984). A lower court agreed with Wamstad, but Rumore won on appeal. 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. The failure to investigate has been held insufficient to establish actual malice. For example, at the time of the dispute with Piper, the Dallas press reported that Wamstad ran an advertisement stating, I've done some stupid things in my life, but selling my steakhouse to my attorney has to top the list and another one in which he accused Piper of running a clone restaurant. Lena Rumore, ex-wife of Dallas steakhouse mogul Dale Wamstad (III Forks, Del Frisco's), will get a shot at the skillful restaurateur's beefy wallet. P. 166a(c). See Howell v. Hecht, 821 S.W.2d 627, 630 (Tex.App.-Dallas 1991, writ denied) (concluding similar language negated actual malice). ), In the mid-1990s, the press began referring to Wamstad as flamboyant and controversial. For example, in 1995, the Dallas Morning News described Wamstad as a colorful and controversial member of the Dallas restaurant scene since arriving from New Orleans in 1989. In 1996, the Dallas press noted that Wamstad was known for getting embroiled in legal battles with former business partners and rival steakhouse chains. And the evidence shows that Wamstad used his access to the media to comment on his rivals and his business disputes. New Times v. Wamstad, 106 S.W.3d 916 | Casetext Search + Citator The Article is largely a recounting of various interactions with Wamstad as told by his ex-wife, his first-born son Roy, and some of Wamstad's former business associates. Civ. Wamstad reproduced the list in his advertising, particularly in airline magazines, reportedly with great success. For example, at the time of the dispute with Piper, the Dallas press reported that Wamstad ran an advertisement stating, "I've done some stupid things in my life, but selling my steakhouse to my attorney has to top the list" and another one in which he accused Piper of running a "clone" restaurant. Bob Cooper--is a little off his T-bone, you may be right. We conclude that the affidavits contain ample evidence of a plausible basis for the Observer's employees to believe in the truth of the Statements as reported in the Article. 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. The standards for reviewing summary judgment under rule 166a(c) are well established. The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. For example, in the fall of 1989, the Dallas press carried at least four articles discussing the business-turned-legal dispute between Wamstad and Mike Piper, his former attorney, after Piper acquired a Del Frisco's restaurant from Wamstad. The record includes the following radio advertisement for III Forks, featuring his children from his current marriage, with Wamstad making reference to his wife Colleen:Dale: Hey kids. The restaurant is the latest culinary project by restaurateur Dale Wamstad. Updated 1:52 PM Jun 9, 2020 CDT. While that may well raise a fact question whether Rumore did indeed act in self-defense, it is not probative of Rumore's subjective attitude toward the truth of the Statements she made. Casso v. Brand, 776 S.W.2d 551, 558 (Tex. The second best result is Dale Tervooren age 30s in McKinney, TX in the Eldorado neighborhood. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Certain Defendant-Appellants filed no-evidence motions for summary judgment under rule 166a(i), which we need not address because we dispose of all issues based on Defendants' traditional motions for summary judgment under rule 166a(c). 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. See also Brueggemeyer v. Am. Dale Wamstad - Address & Phone Number | Whitepages He recently purchased an adjacent 10 acres, where he's already planning a 144,000 square foot second phase. Select this result to view Dale Francis Wamstad's phone number, address, and more. In the mid-1990s, the press began referring to Wamstad as "flamboyant" and "controversial." North Dallas steakhouse gets locked out and relocates to Frisco . For controverting evidence, Wamstad relies principally on his affidavit and deposition testimony denying the truth of the Statements made by, or attributed to, the Individual Defendants. Before Justices MOSELEY, O'NEILL, and LAGARDE. The guy is a warrior of. The lawsuit was eventually settled. He was advised not to discuss matters subject to attorney-client privilege, and then Wamstad's attorney asked, "What was the next personal involvement you had regarding anything with Dale Wamstad or a proposed article on Dale Wamstad?" Svalesen claims in court records that he did honor his agreement and was properly issued the shares in lieu of cash through "my previously rendered services which were equal to or in excess of the monetary value assigned to the shares."