Haynes and Boone in Law360: Five Texas Supreme Court Cases to Watch This Term

08/17/2016

With a new term starting next month, the Texas Supreme Court could shake up the energy industry when it revisits a dispute on when pipelines can use eminent domain and affect booming construction across the state through two cases involving the standards for maintaining lawsuits against architects and engineers...

The court has agreed so far to hear 16 cases for the next term, with more decisions on petition grants expected to be announced after several conference days scheduled in late August. Here, Law360 takes a look at five upcoming cases worth tracking...

D Magazine Partners LP et al. v. Rosenthal

A Dallas news and lifestyle magazine caused a stir when it published an article called “The Park Cities Welfare Queen,” in which an anonymous author wrote about a woman’s use of the state’s Supplemental Nutrition Assistance Program while living with her daughter and fiance in a home he owned in the well-heeled University Park area of Dallas. The subject of the article, Janay Rosenthal, filed a defamation suit and lower courts have refused to throw out her case.

The magazine argues the intermediate court misconstrued the gist of the article to find an allegation that Rosenthal committed a crime, which it says was not what a reader of ordinary intelligence would have taken from the piece. It said the court did so by wrongly relying on sources outside the record — like Wikipedia, for the definition of “welfare queen” — and nonactionable implications and individual statements...

An argument date has not yet been set for the D Magazine case.

D Magazine is represented by Thomas J. Williams, Jason P. Bloom and Ryan Paulsen of Haynes and Boone LLP.

Excerpted from Law360. To read the full article, please click here (subscription required).

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