Plaintiffs, a doctor and his medical practice, filed a retaliatory lawsuit against Nexstar Broadcasting Group, Inc., alleging defamation after Nexstar’s television station, KXAN, published online and broadcast reports about inherent problems with the Texas Medical Board’s complaint and investigation procedures. To illustrate the problems, KXAN referenced an incident in which Plaintiff doctor was able to continue to perform surgery for more than a year while numerous complaints were pending against him at the Medical Board. While the complaints were pending, one of his patients died after receiving minor cosmetic surgery. We filed an Anti-SLAPP motion to dismiss which was granted on July 9, 2019. The trial court dismissed all claims against our clients and awarded attorney’s fees to be paid by the Plaintiffs to Nexstar in the amount of $113,510.00. The Third Court of Appeals affirmed the grant of KXAN’s Anti-SLAPP Motion and dismissal of all claims and also affirmed the fee award in its entirety.
Broder, et al. v. Nexstar Broadcast Group, Inc., et al.; Cause No. D-1-GN-19-000768 in the 261st Judicial District Court, Travis County, Texas
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