Hotze v. Miller
361 S.W.3d 707
| Tex. App. | 2012Background
- Miller, a physician, served on the Texas Medical Board (TMB) from 2003 to 2007 and chaired the TMB’s Disciplinary Process Review Committee.
- Pigott created the Texas Medical Board Watch website to expose and reform the TMB and complained to its staff about Miller.
- Hotze published editorials criticizing the TMB and Miller’s conduct, and invited Pigott to discuss her investigations on his radio program.
- Hotze published content on Project FANS and the Association of American Physicians and Surgeons websites alleging misconduct by Miller related to his TMB role.
- Miller sued Pigott and Hotze for libel, slander, libel per se, slander per se, and civil conspiracy seeking damages.
- The trial court denied Hotze’s no-evidence and traditional summary judgments, and the court of appeals accepted jurisdiction under § 51.014(a)(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hotze published false statements with actual malice. | Miller argues Hotze published false statements about him with reckless disregard. | Hotze contends there is no evidence of falsity or actual malice; his statements were true or protected opinions. | No genuine issue on actual malice; judgment for Hotze granted. |
| Whether the statements are actionable defamation as to Miller’s official conduct. | Miller contends statements relate to his TMB duties and are defaming him. | Hotze argues statements concern public reform and relate to Miller’s official conduct. | Statements relate to Miller’s official conduct; sufficient to support defamation claim if malice shown, but malice lacking. |
| Whether civil conspiracy claims survive independent of defamation. | Miller claims Hotze acted in conspiracy to defame. | Without a surviving defamation claim, conspiracy fails as a derivative claim. | Civil conspiracy claim fails as a matter of law. |
Key Cases Cited
- Hearst Corp. v. Skeen, 159 S.W.3d 633 (Tex. 2005) (defamation standard for public figures and malice)
- HBO v. Harrison, 983 S.W.2d 31 (Tex. App.—Houston [14th Dist.] 1998) (actual malice standard for public officials)
- Carr v. Brasher, 776 S.W.2d 567 (Tex. 1989) (elements of defamation; falsity and malice required)
- Milkovich v. Lorain Journal Co., 497 U.S. 1 (U.S. 1990) (establishes verifiability and factuality of statements)
- Skeen v. S.W. Bell Tele. Co., 159 S.W.3d 633 (Tex. 2005) (malice standard for public figures (authority cited))
- WFAA-TV v. McLemore, 978 S.W.2d 568 (Tex. 1998) (public figure malice considerations; mental state not shown)