Manzoor Memon v. Haroon Shaikh
401 S.W.3d 407
| Tex. App. | 2013Background
- Shaikh filed a defamation suit in Houston against Memon based on years of published statements.
- Memon disseminated nine allegedly defamatory statements about Shaikh via letters, blogs, emails, and a monthly newsletter.
- The jury answered liability on all nine statements and awarded damages for mental anguish and damages to Shaikh’s reputation, plus exemplary damages, with a permanent injunction issued.
- One central issue was whether a single damages question could support liability for multiple statements, and whether any error in that structure was preserved.
- Memon argued the evidence was legally and factually insufficient and that the injunction was inconsistent with the verdict, while Shaikh argued damages were supported and the injunction proper.
- The appellate court affirmed, holding the liability findings, damages, and injunction were supported and not inconsistent with the jury verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal-sufficiency of liability findings | Shaikh contends multiple statements created valid liability theories. | Memon argues at least one statement lacks proof of falsity with knowledge. | No reversible error; evidence supported liability under single theory or preserved objections. |
| Factual-sufficiency of damages | Shaikh supports $100k past mental anguish and $250k past reputation damages as reasonable. | Memon seeks remittitur reducing actual and exemplary damages. | Damages supported; no remittitur; exemplary damages upheld. |
| Permanent injunction | Injunction necessary to prevent continued defamation. | Injunction inconsistent with jury verdict or overbroad. | Injunction not inconsistent with findings; court did not abuse discretion. |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for legal-sufficiency review of verdicts and new-trial motions)
- Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378 (Tex. 2000) (Casteel harm analysis for valid vs. invalid theories of liability)
- Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002) (premised damages and remittitur discussion in prolonged defamation campaign)
- Formosa Plastics Corp., USA v. Kajima Int’l, Inc., 216 S.W.3d 436 (Tex. App. Corpus Christi 2006) (single theory of liability with multiple factual allegations)
- Akin v. Santa Clara Land Co., 34 S.W.3d 334 (Tex. App.—San Antonio 2000) (treatment of multiple acts as single or separate theories of liability)
- Marshall Field Stores, Inc. v. Gardiner, 859 S.W.2d 391 (Tex. App.—Houston [1st Dist.] 1993) (tort theories and damages framework in defamation)
- Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003) (double recovery and full compensation principle in damages)
