Fertel suggested, in a newsletter to her customers, that the Top-Ten List was a front for Del Frisco's. "Limited-purpose" public figures are only public figures for a limited range of issues surrounding a particular public controversy. He discussed the extensive interviews, media reports, court documents and transcripts Stuertz used and the level of corroboration among the sources. McLemore, 978 S.W.2d at 572-73. 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. denied) (defendant's testimony established plausible basis for professed belief in truth of publication, thus negating actual malice even if publication not substantially correct). Rooster Town is the latest culinary project by restaurateur Dale Wamstad, owner of the adjacent Texas chophouse and Two For the Money BBQ. (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.). Wamstad reportedly "bristled" at that characterization of the "truth," claiming, "Twenty-three million dollars is truth. (citing Trotter, 818 F.2d at 433; Waldbaum v. Fairchild Publ'ns., Inc., 627 F.2d 1287, 1296-98 (D.C. Cir. I probably deserve it. 6. Co. L.P., 19 S.W.3d 413, 420 (Tex. Wamstad had not reacted to the advertisement before. "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." New in Restaurants: Dale Wamstad's Lost Lady Cantina Details on the shooting from the Dallas Observer: The purse on the sofa held the .25-caliber semiautomatic pistol her husband had given her two years earlier to protect herself when she closed the. 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. Public figures have "assumed the risk of potentially unfair criticism by entering into the public arena and engaging the public's attention." 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. The Dallas Times Herald published two pieces on the dispute, one entitled "Dueling Steak Knives." One for Us | News | Dallas - Dallas Observer It is not enough for the jury to disbelieve the libel defendant's testimony. The feud reportedly began in 1981 when Wamstad claimed Fertel's son had slipped her recipes to him. 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. In an extensive affidavit, Stuertz stated the following, among other things: In researching for the Article, he interviewed at least nineteen people, reviewed numerous court documents (listing fifty-seven documents), court transcripts, and numerous newspaper articles concerning Wamstad (listing forty-eight newspaper articles). The second element requires that the plaintiff have more than a trivial or tangential role in the controversy. Wamstad argues this deposition testimony controverts Williams' affidavit testimony that directly negates actual malice. Fertel's lawyer asserted he got Wamstad to admit to his connection with, and payments to, the publicist who created the list. 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. 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. Id. The Article also describes numerous disputes former business partners had with Wamstad, many of which resulted in lawsuits. 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. 7. Wamstad's role was both central and germane to the controversy about his contentious relationships. 2997; Waldbaum, 627 F.2d at 1297 n. 27 (controversy need not concern political matters). As noted by D Magazine, it was unlike other high-end steakhouses in Dallas, . 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. 5. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678-79 (Tex. Appeal from the 68th District Court, Dallas County, Texas, Trial Court Cause No. 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). (Courtesy Adobe Stock) Rooster Town Cafe should open by Labor Day at 3613 Shire Blvd., Ste . 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. Id. 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. Dalw Wamstad Business - dalefwamstad.com New Times v. Wamstad, 106 S.W.3d 916 | Casetext Search + Citator 9. at 573-74 (quoting New York Times, 376 U.S. at 279-80, 84 S.Ct. New York Times Co. v. Connor, 365 F.2d 567, 576 (5th Cir.1966). Bob Sambol bought the place from Wamstad and turned it into Bob's Steak & Chophouse in 1994. Ecotricity founder Dale Vince, who is bankrolling the climate activist group, has also given . 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. "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.'" 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. 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." Id. He recently purchased an adjacent 10 acres, where he's already planning a 144,000 square foot second phase. (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 351 (1974)). Casso v. Brand, 776 S.W.2d 551, 558 (Tex. That is, he argues, the Article does not involve the types of controversies found in public-figure cases such as Trotter, 818 F.2d at 434-35 (union official assassination and labor violence in foreign country); Brueggemeyer, 684 F.Supp. Moreover, even assuming Wamstad's expert's testimony is admissible, the opinion on the Media Defendant's alleged failure to investigate speaks, rather, to an alleged disregard of a standard of objectivity. The lawsuit was eventually settled. at 1271. Although as a whole the Article is unfavorable to Wamstad, it states that Wamstad "both in media interviews and under oath in court has steadfastly denied ever abusing any member of his family." Id. Casso, 776 S.W.2d at 558. The articles quote Wamstad's advertisement, directed at Chamberlain: If you, your investors and the food critics want to slam III Forks, I can live with that. Texas courts have held that falsity alone is not probative of actual malice. Indulging all inferences in Wamstad's favor, nonetheless, the Statements in the Article were not inherently improbable or based on obviously dubious information. 683 S.W.2d 369, 374-75 (Tex. 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. In context, the import of the statement in Casso is that, as to actual malice, the issue of credibility does not preclude summary judgment: If the credibility of the affiant or deponent is likely to be a dispositive factor in the resolution of the case, then summary judgment is inappropriate. The Rooster Town Cafe will serve breakfast and lunch seven days a week. 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. 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?" Three employees of the Observer-reporter Mark Stuertz, managing editor Patrick Williams, and editor Julie Lyons-each submitted an affidavit denying actual malice. Philanthropy . In 1996, the Dallas press noted that Wamstad was "known for getting embroiled in legal battles with former business partners and rival steakhouse chains." According to the suit, Upright and Svalesen entered into an agreement in June 1996 whereby Upright would toss in $37,000 in exchange for 768 shares of Pescado stock, while Svalesen would contribute $11,000 in exchange for 230 shares. A public-figure libel plaintiff must prove the defendant acted with actual malice in allegedly defaming him. The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. 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. Dee Lincoln took the reins from Dale Wamstad and kicked up the charm. Nixon, 690 S.W.2d at 548-49. Wamstad is upping his bet that The Shire, with a "town village" design, will fill a need for a mixed-use project in Richardson. And the evidence shows that Wamstad used his access to the media to comment on his rivals and his business disputes. The case is expected to go to trial in January. Wamstad asserts he does not meet the public-figure test, because there is no "public controversy." Emmerdale star Dale Meeks dies age 47 as tributes pour in for actor TX Court of Appeals Opinions and Cases | FindLaw ", In 1998, the Dallas press covered the run-up to, and opening of, Wamstad's III Forks restaurant. 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. 4. When It's Top-10-Steakhouse List, The Knives Are Out - The Seattle Times So Wamstad took the beef to the state's highest court. 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. Having negated an essential element of Wamstad's cause of action, Defendant-Appellants are entitled to summary judgment. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 120 (Tex. Dale Wamstad and his wife, Colleen Keating-Wamstad, have taught their children valuable life lessons. Whether Wamstad's investment pays off remains . In essence, he argues that falsity of the Statements is probative of actual malice. Become a member to support the independent voice of Dallas 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. Concerning the first element, a general concern or interest does not constitute a "controversy." The article also stated that son Roy Wamstad recounted at least eleven separate instances in which he asserted Wamstad physically abused him and his mother. Casso v. Brand, 776 S.W.2d 551, 558 (Tex.1989). In an advertisement in the Dallas Morning News, Wamstad reportedly blasted Chamberlain for picking on Dee Lincoln, Wamstad's former partner and current manager of a Del Frisco's restaurant.9 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. denied) (defendant's testimony established plausible basis for professed belief in truth of publication, thus negating actual malice even if publication not substantially correct). The email address cannot be subscribed. We conclude that evidence is merely cumulative of Wamstad's testimony asserting Rumore's allegations are false. The evidence includes an Associated Press article, from November 1994, that chronicled the long-standing personal rivalry between Fertel and Wamstad and also reported Fertel's allegation that Wamstad was behind the supposedly independent Top-Ten rating. Co-Founder Dee Lincoln Resigns From Nationally Renowned Del Frisco's 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. Wamstad relies on Leyendecker & Assocs. Veteran restaurateur Dale Wamstadt plans to open Four Sisters Cafe on April 18.It's his first big new restaurant in years. She alleges Wamstad created a "web of lies" to conceal the true ownership and value of Del Frisco's assets following their 1987 divorce. 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. Independent evidence is required: While it is conceivable that a defendant's trial testimony, under the rigors of cross-examination, could provide the requisite proof, it is more likely that plaintiff will have to secure that evidence elsewhere. Thus, the issue of credibility does not preclude summary judgment on the issue of actual malice. Wamstad is a classic case of a shrewd business guy from out of town who got under the skin of corrupt local public servants. He went on to add that Piper was a piece of snot floating in the ocean.. 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. 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. The supreme court has adopted the Fifth Circuit's three-part test for a limited-purpose public figure: (1)the controversy at issue must be public both in the sense that people are discussing it and people other than the immediate participants in the controversy are likely to feel the impact of its resolution; (2)the plaintiff must have more than a trivial or tangential role in the controversy; and. In sum, we conclude that Wamstad has failed to raise a fact question on actual malice. Williams testified on deposition that he spoke with Lyons, and they talked about what the Observer's lawyer and Williams had previously discussed. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. See Tex. 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. Patrick Williams stated the following in his affidavit: He had editorial responsibility for Stuertz's article, and he found Stuertz a most accurate reporter. Id. Thereafter, Wamstad married again, and began operating Del Frisco's restaurants in Dallas. McLemore, 978 S.W.2d at 573 (citing New York Times Co. v. Sullivan, 376 U.S. 254, 283, 84 S.Ct. 2000). III Forks was created in 1998 by restaurateur Dale Wamstad, who'd just left Del Frisco's Double Eagle Steak House. 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. Hash Over | Restaurants | Dallas | Dallas Observer | The Leading Actual Malice and Burdens of Proof on Summary Judgment. She also describes her subsequent divorce from Wamstad in 1987 and her post-divorce suit against Wamstad in 1995, alleging that he defrauded her with respect to her earlier community-property settlement.2 Trial in that case was pending at the time the Article was published. Wamstad argues that at most only personal disputes are involved, that there is no public controversy in the sense that the public is affected by these disputes in any real way. Wamstad reproduced the list in his advertising, particularly in airline magazines, reportedly with great success. The second best result is Dale Tervooren age 30s in McKinney, TX in the Eldorado neighborhood. Legal Principles Governing Defamation and Public-Figure Status. Id., (citing Trotter v. Jack Anderson Enters., Inc., 818 F.2d 431, 433 (5th Cir. (quoting Dilworth v. Dudley, 75 F.3d 307, 309 (7th Cir.1996)). Before Justices MOSELEY, O'NEILL, and LAGARDE. 51.014(6) (Vernon Supp.2003). 5 Times The Dallas Stars Went for the Gut While Trolling Opponents, Spoon + Fork: A Standard Name for a Not-So-Standard Restaurant, Chai Wallah in Plano Serves 9 Different Types of Chai, Toast to Mom: Where to Celebrate Mothers Day in Style, Mister O1 Pizza Opening Second Location in Grapevine, In Which Some Visitors From Paris Take a Food Tour of North Texas. A failure to investigate fully is not evidence of actual malice; a purposeful avoidance of the truth is. 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. Beef isn't the only entre sparking legal brawls. Stuertz states in his affidavit that he had arranged an interview with Wamstad, but Wamstad later canceled it on advice of his attorney. Code Ann. The purpose of the actual-malice standard is "protecting innocent but erroneous speech on public issues, while deterring calculated falsehoods." at 423. Civ. It will be open Wed.-Sat. 973 F.2d 1263, 1270-71 (5th Cir.1992). "Actual malice is a term of art, focusing on the defamation defendant's attitude toward the truth of what it reported." After he sold his interest in Del Frisco's, Wamstad continued to use his "family values" to promote his new restaurant, III Forks, which he opened in 1998. Thereafter, Wamstad married again, and began operating Del Frisco's restaurants in Dallas. 2000). The Casso court went on to explain that the plaintiff must offer, at trial, clear and convincing affirmative proof of actual malice. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Finally, Wamstad argues he raises a fact question on actual malice based on deposition testimony of Williams and Lyons. Bentley v. Bunton, 94 S.W.3d 561, 590-96 (Tex.2002) (reviewing finding of actual malice for sufficiency, incorporating clear and convincing standard on review). 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. Wamstad's Dallas Del Frisco's restaurant regularly appeared near the top of the Knife and Fork Club of America's top-ten list of steakhouses in the country (Top-Ten List). 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. This reliance is misplaced. Wamstad's big beef If you think III Forks owner Dale Wamstad--and his 257-year-old alter ego, Capt. 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. 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 . 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? Williams responded, Beyond that point, I can't specifically recall anything. Wamstad argues this deposition testimony controverts Williams' affidavit testimony that directly negates actual malice. The Court summarized as follows: The defendant's state of mind can-indeed, must usually-be proved by circumstantial evidence. Within a few years, he went "bust" in the chicken business. Having negated an essential element of Wamstad's cause of action, Defendant-Appellants are entitled to summary judgment. See Huckabee, 19 S.W.3d at 428-29 (extensive legal review with editorial rewrites not evidence of actual malice). at 466. Each Individual Defendant submitted an affidavit testifying that his or her Statements were not made with actual malice, e.g., denying any subjective belief or knowledge that his or her Statements were false, and denying having any serious doubts as to their truth. 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. 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." Huckabee, 19 S.W.3d at 427. Williams testified on deposition that he spoke with Lyons, and they talked about what the Observer's lawyer and Williams had previously discussed. Texas Monthly and at least one trade magazine covered the suit with Fertel, as did ABC World News Tonight. at 573 (citations omitted). Accordingly, we reverse and render judgment for all Appellants.
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