DLG Luce – Austin – Texas Supreme Court to Review Libel Law
As recently reported in the Austin American Statesman, The Texas Supreme Court agreed yesterday that it would review a Texas libel case that could potentially affect the way that the media reports on controversies.
The legal issue in Texas is whether Texas Courts recognize the ‘third part allegation rule.’ The rule can shield reporters from defamation lawsuits if an allegation is accurately reported, even it the claim is not true or mistaken.
The Texas case involves onetime Austin neurosurgeon Byron Neely, the subject of a story that aired on Austin news in 2004. According to Dr. Neely, the report caused his practice to collapse and he moved from Austin to La Grange to try and rebuild it.
Travis County state District Judge Stephen Yelenosky had dismissed the case based on pretrial motions, but last year the Texas 3rd Court of Appeals agreed the suit lacked merit according to the Austin American Statesman article.
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