Wamstad is upping his bet that The Shire, with a "town village" design, will fill a need for a mixed-use project in Richardson. Id. at 466. 1984) (reckless conduct not measured by whether reasonably prudent person would have investigated before publishing; must show defendant entertained serious doubts as to truth of publication, citing St. Amant, 390 U.S. at 731, 733); El Paso Times, Inc. v. Trexler, 447 S.W.2d 403, 405-06 (Tex. 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." Rumore and the Divorce Judge's Pronouncement, As to Rumore, Wamstad relies on additional evidence, including evidence of a polygraph he purportedly passed, refuting Rumore's allegations of abuse. In essence, he argues that falsity of the Statements is probative of actual malice. Mgmt. 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. The Dallas Times Herald published two pieces on the dispute, one entitled Dueling Steak Knives. The Dallas Morning News also covered the story, quoting Piper's and Wamstad's personal comments about each other.6, In 1995, Wamstad's business and personal reputation gained national press attention when he sued Ruth Fertel for defamation over her suggestion that Wamstad was behind the Top-Ten List. The evidence includes an Associated Press article, from November 1994, that chronicled the long-standing personal rivalry between Fertel and Wamstad7 and also reported Fertel's allegation that Wamstad was behind the supposedly independent Top-Ten rating. 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. Dracos, 92 S.W.2d at 255. Join the Observer community and help support This reliance is misplaced. Wamstad himself perpetuated the public nature of the debate over his contentious relationships through his personal self-promotion in his advertising and his other interactions with the press-with all their attendant ramifications for the opinion-forming, consuming public. Fertel's lawyer asserted he got Wamstad to admit to his connection with, and payments to, the publicist who created the list. Veteran restaurateur Dale Wamstadt plans to open Four Sisters Cafe on April 18.It's his first big new restaurant in years. from 10 a.m.-2 p.m. 972-664-9975 (Texas restaurant) RELATED STORIES Thereafter, Wamstad married again, and began operating Del Frisco's restaurants in Dallas. They have also lived in Richardson, TX and Dallas, TX. It reportedly escalated from there. 973 F.2d 1263, 1270-71 (5th Cir.1992). Doubleday Co., Inc. v. Rogers, 674 S.W.2d 751, 756 (Tex. Williams responded, "Beyond that point, I can't specifically recall anything." 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 record contains numerous advertisements containing pictures of Wamstad's new family and children; many advertisements contain his signature slogan "We're open six evenings. Through the 1990s, Wamstad advertised in both print media and radio, using an image of himself as a family-man and folksy steakhouse owner to promote his restaurants. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Casso, 776 S.W.2d at 558. We certainly agree that the public debate in this case does not involve matters of great moment in current public life. The feud reportedly began in 1981 when Wamstad claimed Fertel's son had slipped her recipes to him. 2997, 41 L.Ed.2d 789 (1974)). Huckabee v. Time Warner Enter. The articles quoted Piper as saying he got involved with Wamstad in 1985 "when Dale's wife shot him" and states that Piper showed the reporter the 1986 "raging bull" article from the Times-Picayune. Fertel suggested, in a newsletter to her customers, that the Top-Ten List was a front for Del Frisco's. The Shire has new ownership. Whether a party is a public figure is a question of constitutional law for courts to decide. The Court summarized as follows: The defendant's state of mind can-indeed, must usually-be proved by circumstantial evidence. All Defendants sought summary judgment, which the trial court denied, and all Defendants appealed. Leyendecker is inapposite; it involved a showing of common-law malice to support exemplary damages, not a showing of constitutional "actual malice" required of a public-figure plaintiff to establish defamation. Appellants argue that Wamstad is a public figure, and thus he has the burden to show that each Defendant-Appellant published the Statements attributable to him or her with actual malice. And the evidence shows that Wamstad used his access to the media to comment on his rivals and his business disputes. at 423. Id. Concerning the first element, a general concern or interest does not constitute a controversy. Waldbaum, 627 F.2d at 1297. Wamstad argues that because the Individual Defendants' credibility is at issue, summary judgment is inappropriate, relying on Casso. The article recounted stories of Wamstad's physical and emotional abuse of family members and his numerous disputes with business partners. 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. Wamstad argues that this expert testimony-that the Media Defendants failed to investigate adequately-evinces actual malice. See Casso, 776 S.W.2d at 558 (citing New York Times, defining actual malice in public-figure case as term of art, different from the common-law definition of malice). 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. Id. And when he wished to, he participated in the debate by using his media access to propound his point of view. Wamstad sued Fertel for defamation, and Fertel countersued for false advertising and unfair competition. Fertel's lawyer asserted he got Wamstad to admit to his connection with, and payments to, the publicist who created the list. See Tex. Wamstad argues this deposition testimony controverts Williams' affidavit testimony that directly negates actual malice. 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 . The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. In deciding whether a genuine issue of material fact exists, we take evidence favorable to the non-movant as true; we indulge every reasonable inference, and resolve any doubt, in favor of the non-movant. at 455 (ongoing alleged "bait and switch" sales practices); and McLemore, 978 S.W.2d at 569 (why government raid failed). Even if Williams was not joking when he stated the draft article was libelous as written, it is irrelevant whether Williams himself or someone else edited the Article before publication; Williams unequivocally testifies in his affidavit that the Article as published did not contain statements he believed were false or about which he entertained doubts. The failure to investigate has been held insufficient to establish actual malice. See Brueggemeyer, 684 F.Supp. Wamstad's first four categories of evidence, in essence, assert that the Media Defendants were on notice that Rumore's statements were false because Wamstad disagreed with Rumore (he allegedly passed a polygraph test) and a divorce judge disagreed with Rumore's assertion that she acted in self-defense when she shot Wamstad in 1985. Dale Wamstad sells development just east of Richardson's CityLine. In 1995, Wamstad's business and personal reputation gained national press attention when he sued Ruth Fertel for defamation over her suggestion that Wamstad was behind the "Top Ten List." 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. 5. I spend Sundays with my family." (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 351, 94 S.Ct. We reject this argument, just as the court in Huckabee did. McLemore, 978 S.W.2d at 573. Accordingly, Wamstad has failed to controvert the Media Defendants' negation of actual malice. We certainly agree that the public debate in this case does not involve matters of great moment in current public life. Apparently incensed at the steak-house . See Bentley, 94 S.W.3d at 596. Our review of the record shows that after Williams was deposed, he testified by affidavit, stating that he went over at least two drafts of the Article with Stuertz, who answered all of his questions, and that the Article went through the standard, detailed process for editing and revision. One article in the New Orleans Times-Picayune, entitled "Wounded husband called "a raging bull,'" quoted testimony from the trial of at least three witnesses who described instances they witnessed of Wamstad's physical abuse of Rumore before the shooting. . Broad. Finally, Wamstad argues he raises a fact question on actual malice based on deposition testimony of Williams and Lyons. Rooster Town is the latest culinary project by restaurateur Dale Wamstad, owner of the adjacent Texas chophouse and Two For the Money BBQ. The case is expected to go to trial this summer. The guy is a warrior of. Chamberlain expressed the view that Wamstad wanted to create some publicity for his new steakhouse and was doing it at the expense of Chamberlain's reputation. Select this result to view Dale Francis Wamstad's phone number, address, and more. The second best result is Dale Tervooren age 30s in McKinney, TX in the Eldorado neighborhood. Steaks Unlimited, Inc. v. Deaner, 623 F.2d 264, 273 (3d Cir. Alan S. Loewinsohn, Loewinshn Flegle, L.L.P., Dallas, for appellee. The Honorable Sue Lagarde, Justice, Court of Appeals, Fifth District of Texas at Dallas, Retired, sitting by assignment. Dark and sexy, this is the perfect place to pop the question over a porterhouse. 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. This reliance is misplaced. Wamstad's reliance on Wilson v. UT Health Center is also misplaced. Wamstad's reliance on Wilson v. UT Health Center is also misplaced. Although at trial the libel plaintiff must establish actual malice by clear and convincing evidence, at the summary judgment stage the court applies the traditional summary-judgment jurisprudence in testing whether the evidence raises a genuine issue of material fact. When asked shortly thereafter about the comment, she stated she thought the statement was "partly in jest and partly reflected that he was still working on the story.". Co. L.P., 19 S.W.3d 413, 420 (Tex.2000). Dee Lincoln took the reins from Dale Wamstad and kicked up the charm. Indulging all inferences in Wamstad's favor, nonetheless, the Statements in the Article were not inherently improbable or based on obviously dubious information. In essence, he argues that falsity of the Statements is probative of actual malice. Although he only had a pair of 4's, he noticed Hilda the oldest sister blinking rapidly. Wamstad reproduced the list in his advertising, particularly in airline magazines, reportedly with great success. Make your practice more effective and efficient with Casetexts legal research suite. Appellants argue that Wamstad is a public figure, and thus he has the burden to show that each Defendant-Appellant published the Statements attributable to him or her with actual malice. Wamstad countered that Rumore's claims were groundless because she signed a settlement agreement in 1992 that paid her $45,000. Waldbaum, 627 F.2d at 1297. r. Civ. Civ. 2997. Whether Wamstad's investment pays off remains . Huckabee, 19 S.W.3d at 427. Legal Principles Governing Defamation and Public-Figure Status. Having negated an essential element of Wamstad's cause of action, Defendant-Appellants are entitled to summary judgment. McLemore, 978 S.W.2d at 573 (citing New York Times Co. v. Sullivan, 376 U.S. 254, 283, 84 S.Ct. Del Frisco's Double Eagle Steakhouse was founded in 1980 and III Forks in 1998. Wamstad asserts six categories of evidence that he contends controvert the Media Defendants' denial of actual malice: (1) the Media Defendants were on notice that Rumore's credibility was questioned by the divorce judge, who questioned her allegations of Wamstad's abuse and her claim that she shot Wamstad in self-defense; (2) in recounting her tale of life with Wamstad, Rumore stated sometimes I'm not sure what is a dream and what is real, but nonetheless, Stuertz admitted Rumore was his main source for the article; (3) the Observer was aware before it published the Article that Wamstad had passed a polygraph examination that contradicted Rumore's allegations of abuse; (4) Stuertz admitted he questioned the logic of Rumore's remarrying Wamstad despite her allegations of previous abuse; (5) Wamstad's media expert testified that the Observer's investigation was grossly inadequate; and (6) on deposition, editor Lyons testified that managing editor Williams stated the Article was libelous as hell, but it won't be when I'm through with it, and Williams testified he had no further personal involvement with the Article after that conversation. Id. "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." Wamstad relies on Leyendecker Assocs. P. 166a(c). See Huckabee, 19 S.W.3d at 428-29 (extensive legal review with editorial rewrites not evidence of actual malice). All Defendants brought motions for summary judgment, which the trial court denied, and all Defendants brought this interlocutory appeal. The fact that Wamstad denied the abuse and disagreed that his former wife acted in self-defense in shooting him was not evidence that the Observer believed her claims were false and published. Stay up-to-date with how the law affects your life. 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." Through his promotion of his family-man image in his advertising over the years, Wamstad voluntarily sought public attention, at the very least for the purpose of influencing the consuming public. San Antonio Exp. 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. Huckabee v. Time Warner Enter. He had no knowledge indicating that the Article or statements therein were false at the time the Article was published nor did he entertain any doubts as to the truthfulness of any of the matters asserted in the Article. (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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The second element requires that the plaintiff have more than a trivial or tangential role in the controversy. Each Defendant filed a traditional motion for summary judgment under rule 166a(c) of the Texas Rules of Civil Procedure.4 Tex.R. She alleged Wamstad had defrauded her with respect to her earlier property settlement, in 1992, for $45,000. 73.001 (Vernon 1997).WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex., Full title:NEW TIMES, INC. D/B/A DALLAS OBSERVER; MARK STUERTZ; LENA RUMORE WADDELL, Court:Court of Appeals of Texas, Fifth District, Dallas, stating that a reporter may rely on statements by a single source even though they reflect only one side of the story without showing a reckless disregard for the truth. Stuertz states in his affidavit that he had arranged an interview with Wamstad, but Wamstad later canceled it on advice of his attorney. Having invited public rebuttal concerning his persona, Wamstad took on the status of a limited public figure with respect to his behavior in business and family matters. The actor . Moreover, the judge's assessment is not probative of whether Rumore believed in the truth of the other Statements she made or whether she entertained doubts as to their truth. As noted, falsity alone does not raise a fact question on actual malice. Julie Lyons stated the following in her affidavit: She was aware of the numerous sources for the Article, including court documents and sworn court testimony. He was livid at his son for. That the Media Defendants published her Statements anyway, his argument goes, is evidence of actual malice. Doubleday & Co., Inc. v. Rogers, 674 S.W.2d 751, 756 (Tex.1984) (reckless conduct not measured by whether reasonably prudent person would have investigated before publishing; must show defendant entertained serious doubts as to truth of publication, citing St. Amant, 390 U.S. at 731, 733, 88 S.Ct. 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. "General-purpose" public figures are those individuals who have achieved such pervasive fame or notoriety that they become public figures for all purposes and in all contexts. 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. 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. The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. Prac. The AP article quoted Fertel as telling Rumore after the shooting that if she fired that many shots at Wamstad and didn't get him, Fertel was going to have to give Rumore shooting lessons. Indulging all inferences in Wamstad's favor, nonetheless, the Statements in the Article were not inherently improbable or based on obviously dubious information. Wamstad asserts Stuertz mentioned Rumore's pending lawsuit to him but did not tell him he planned to cover Wamstad's business dealings as well. 710). Wamstad, who founded the Del Frisco's Double Eagle Steakhouse concept in New Orleans in the late 80s then teamed with Dee Lincoln to expand the concept in Dallas, says the new restaurant will be a mix of "true American" cuisines, which . When Piper moved his restaurant, Wamstad reopened a Del Frisco's in the original location.

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