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BURBAGE v. BURBAGE

No. 12-0563.

447 S.W.3d 249 (2014)

Allen Chadwick BURBAGE, Petitioner and Cross-Respondent, v. W. Kirk BURBAGE and Burbage Funeral Home, Respondents and Cross-Petitioners.

Supreme Court of Texas.

Delivered August 29, 2014.

Attorney(s) appearing for the Case

David Greene , Electronic Frontier Foundation, San Francisco, CA, Marc A. Fuller, Vinson & Elkins LLP, Dallas, TX, for Amicus Curiae, Electronic Frontier Foundation.

James J. Scheske , James J. Scheske, PLLC, Peter D. Kennedy , William Gerow Christian , Graves Dougherty Hearon & Moody PC, Austin, TX, Jason P. Steed , Bell Nunnally & Martin LLP, Dallas, TX, for Petitioner, Allen Chadwick Burbage.

Gregory Scott Cagle , Savrick, Schumann, Johnson, McGarr Kaminski & Shirley, LLP, Austin, TX, for Respondent, W. Kirk Burbage and Burbage Funeral Home.

In this defamation case, a jury assessed compensatory and exemplary damages against Allen Chadwick Burbage (Chad) for ten statements defaming his brother, W. Kirk Burbage (Kirk). The trial court also permanently enjoined Chad from making similar statements. We are presented with three issues: (1...

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