NEELY v. WILSON

No. 11-0228.

418 S.W.3d 52 (2013)

Byron D. NEELY, Individually and Byron D. Neely, M.D., P.A., Petitioners, v. Nanci WILSON, CBS Stations Group of Texas, L.P., d/b/a KEYE-TV, and Viacom, Inc., Respondents.

Supreme Court of Texas.

Decided June 28, 2013.

Dissenting Opinion on Denial of Rehearing January 31, 2014.


Attorney(s) appearing for the Case

Paul C. Watler , Jackson Walker LLP, Dallas, TX, for Amicus Curiae A.H. Belo Corporation.

Laura Lee Prather , Haynes and Boone, LLP, Austin, TX, for Amicus Curiae Reporters Committee for Freedom of the Press.

Cindy Olson Bourland , Law Firm of Cindy Olson Bourland, P.C., Round Rock, TX, J. Bruce Bennett , Cardwell Hart & Bennett LLP, James D. Baskin III , Jane M.N. Webre , Scott Douglass & McConnico LLP, Austin, TX, for Petitioner Byron D. Neely.

Daniel Jude Kelly , Thomas S. Leatherbury , Vinson & Elkins LLP, Dallas, TX, Lisa Bowlin Hobbs , Kuhn Hobbs PLLC, Matthew Ploeger , Law Office of Matthew Ploeger, Austin, TX, for Respondent Nanci Wilson.

Justice GUZMAN delivered the opinion of the Court, in which Justice JOHNSON, Justice WILLETT, Justice BOYD, and Justice DEVINE joined.


This is an appeal of a summary judgment granted to media defendants in a suit stemming from their investigative broadcast involving a physician. This suit, like all defamation suits, implicates the competing constitutional rights to seek redress for reputational torts and the constitutional rights to free speech and press. But we have long held that despite these concerns, we adhere to our well-settled summary judgment standards.1 Thus, we decide...

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