Joseph E. Hancock v. Easwaran P. Variyam, 400 S.W.3d 59

Two physicians in a defamation dispute over a letter alleging lack of veracity and half-truths, circulated among colleagues and department leadership.
Hancock sent a counter-letter resigning his position and accusing Variyam of lacking veracity; the division subsequently removed Variyam as Chief.
A jury awarded Variyam both actual damages for loss of reputation and mental anguish, plus $85,000 in exemplary damages after a finding of malice; the trial court granted a directed verdict on defamation per se and damages were contested on appeal.
The Court of Appeals affirmed damages, treating the statements as defamation per se, and Hancock petitioned for review, arguing the statements were not defamation per se and that damages were inadequately supported.
The Texas Supreme Court reversed, holding the statements were not defamatory per se because they did not injure Variyam’s fitness as a physician, and there was no evidence of actual damages or substantial mental anguish

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the statements were defamatory per se	Variyam argues per se defamation due to impact on physician duties	Hancock argues the statements do not injure Variyam’s professional fitness	Not defamation per se; lacked unique professional skill injury
Whether there was legally sufficient evidence of damages	Variyam asserts evidence supported mental anguish and loss of reputation	Hancock contends no competent damages evidence; no presumed damages absent per se	Insufficient evidence of actual, mental anguish, or reputation damages; damages reversed
Whether exemplary damages were proper given lack of actual damages	Malice established; exemplary damages appropriate with actual damages	Without actual damages, exemplary damages not recoverable	Exemplary damages not recoverable without actual damages

Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) (constitutional limits on presumed damages; actual injury required absent public figure status)
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749 (1985) (defamation damages framework for private individuals; limits on punitive damages)
Time, Inc. v. Firestone, 424 U.S. 448 (1976) (requirement of competent evidence concerning injury for compensatory damages)
New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (public figure standard for actual malice; punitive damages considerations)
Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002) (mental anguish and reputation damages; requires substantial disruption or high degree of distress)
Guerra v. Fidelity & Guar. Ins. Underwriters, 925 S.W.2d 607 (Tex. 1996) (mental anguish evidence; need substantial disruption or severe distress)