Dale Wamstad sells development just east of Richardson's CityLine. (3)the alleged defamation must be germane to the plaintiff's participation in the controversy. Please try again. Broad. Dale Wamstad Biography In the mid-1990s, the press began referring to Wamstad as "flamboyant" and "controversial." 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. (Courtesy Adobe Stock) Rooster Town Cafe should open by Labor Day at 3613 Shire Blvd., Ste . 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. 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. 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. Six different former business associates, including Lou Saba and Jack Sands, recount their view of their business dealings with Wamstad and how they came to feel that Wamstad took advantage of them.3 The Article also describes Wamstad's litigation with his long-time rival Ruth Fertel, of Ruth's Chris Steakhouse. 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. Id. Wamstad sued New Times, Inc. d/b/a Dallas Observer (the Observer) and Mark Stuertz, the reporter (collectively, "Media Defendants"). 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. In addition, a reporter may rely on statements by a single source, even though they reflect only one side of the story, without manifesting a reckless disregard for the truth. 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. 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. We reject this argument, just as the court in Huckabee did. 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. We are not persuaded that Wilson should apply here. Wamstad is a classic case of a shrewd business guy from out of town who got under the skin of corrupt local public servants. Beef isn't the only entre sparking legal brawls. The Article also describes Wamstad's litigation with his long-time rival Ruth Fertel, of Ruth's Chris Steakhouse. Id. Wamstad also sued Rumore, Saba, and Sands (collectively, "Individual Defendants"). Get the latest updates in news, food, music and culture, and receive special offers direct to your inbox. Wamstad responded that Piper was treacherous and mean-spirited for raising the shooting, adding that the shooting was all behind him, that he had remarried and had a wife and two beautiful kids. This reliance is misplaced. Join the Observer community and help support Now he knows enough about those events to damage just about any top official's reputation. Appeal from the 68th District Court, Dallas County, Texas, Trial Court Cause No. . As noted, falsity alone does not raise a fact question on actual malice. 710). 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. 5. The lawsuit was eventually settled. out of it. All rights reserved. P. 166a(c). Turner, 38 S.W.3d at 120. The feud reportedly began in 1981 when Wamstad claimed Fertel's son had slipped her recipes to him. The Dallas Morning News also covered the story, quoting Piper's and Wamstad's personal comments about each other. In the mid 70's after 20 years in the insurance business, Dale got into the food industry as an investor with Popeye's Famous Fried Chicken. In addition, a reporter may rely on statements by a single source, even though they reflect only one side of the story, without manifesting a reckless disregard for the truth. The divorce court thus disagreed with the trial court's determination, in the previous criminal trial, that Rumore acted in self-defense. Dale Wamstad to open breakfast and lunch spot in Richardson - impact See also Brueggemeyer v. Am. 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. Neither do the actions of the Media Defendants evince a purposeful avoidance of the truth. 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." The second best result is Dale Tervooren age 30s in McKinney, TX in the Eldorado neighborhood. "`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.'" Wamstad countered that Rumore's claims were groundless because she signed a settlement agreement in 1992 that paid her $45,000. 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. Trial in that case was pending at the time the Article was published. Tex.R.Civ.P. 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.". 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. 51.014(6) (Vernon Supp. 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. (citing Trotter, 818 F.2d at 433; Waldbaum v. Fairchild Publ'ns., Inc., 627 F.2d 1287, 1296-98 (D.C. Cir. Del Frisco's Double Eagle Steakhouse was founded in 1980 and III Forks in 1998. 1980) (intensive advertising and continuing access to media made libel plaintiff a limited public figure). 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. 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. The email address cannot be subscribed. Wamstad reportedly bristled at that characterization of the truth, claiming, Twenty-three million dollars is truth.. 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 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. The family he abandoned in New Orleans has a bone to pick with that. 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. He went on to add that Piper was "a piece of snot floating in the ocean.". Patrick Williams stated the following in his affidavit: He had editorial responsibility for Stuertz's article, and he found Stuertz a most accurate reporter. 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). Dalw Wamstad Business - dalefwamstad.com Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The article recounted stories of Wamstad's physical and emotional abuse of family members and his numerous disputes with business partners. However, leave Dee Lincoln and Del Frisco's . 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. Actual malice is a term of art, focusing on the defamation defendant's attitude toward the truth of what it reported. McLemore, 978 S.W.2d at 573. 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. 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. 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. Even after Rumore was acquitted based on self-defense, the New Orleans press continued to cover the couple's subsequent suits against each other, including Wamstad's suit in 1997 against Rumore for damages from shooting him and Rumore's subsequent countersuit for $5 million. 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. 51.014(6). 1989). Hash Over | Restaurants | Dallas | Dallas Observer | The Leading 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. The standards for reviewing summary judgment under rule 166a(c) are well established. Legal Principles Governing Defamation and Public-Figure Status. . Mgmt. Indulging all inferences in Wamstad's favor, nonetheless, the Statements in the Article were not inherently improbable or based on obviously dubious information. The project's first phase is 88% leased and costs $12 million. Id. See Brueggemeyer, 684 F. Supp. To prevail on summary judgment, a defendant must either disprove at least one element of each of the plaintiff's theories of recovery or plead and conclusively establish each essential element of an affirmative defense, thereby rebutting the plaintiff's cause of action. 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. Wamstad argues this deposition testimony controverts Williams' affidavit testimony that directly negates actual malice. 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. To prevail on summary judgment, a defendant must either disprove at least one element of each of the plaintiff's theories of recovery or plead and conclusively establish each essential element of an affirmative defense, thereby rebutting the plaintiff's cause of action. Wamstad had not reacted to the advertisement before. Dale Wamstad redefined the Dallas steakhouse in 1981 when he opened Del Frisco's on Lemmon Avenue. In sum, we conclude that Wamstad has failed to raise a fact question on actual malice. When Piper moved his restaurant, Wamstad reopened a Del Frisco's in the original location. Wamstad named as defendants parties associated with the media as well as individuals. 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. denied) (defendant's testimony established plausible basis for professed belief in truth of publication, thus negating actual malice even if publication not substantially correct). Lyons testified on deposition that Williams commented to her that the draft article was "libelous as hell, but it won't be when I'm through with it." 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). Dale spent 20 years in the insurance business and in 1977 formed an investment group that funded a Popeye's Famous Fried Chicken franchise. 2002) (reviewing finding of actual malice for sufficiency, incorporating clear and convincing standard on review). Nixon v. Mr. 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. 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. "I love luxury brands," she said Friday after. He stated that the final result was truthful, accurate, and a fair representation of the reporter's research. 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. Although actual malice focuses on the defendant's state of mind, a plaintiff can prove it through objective evidence about the publication's circumstances. 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.

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