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Manzoor Memon v. Haroon Shaikh
401 S.W.3d 407
| Tex. App. | 2013
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Background

  • 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)
Read the full case

Case Details

Case Name: Manzoor Memon v. Haroon Shaikh
Court Name: Court of Appeals of Texas
Date Published: Apr 30, 2013
Citation: 401 S.W.3d 407
Docket Number: 14-12-00015-CV
Court Abbreviation: Tex. App.