HOUSTON – The 14th Court of Appeals found today that a trial court erred by denying motions to dismiss brought by KHOU-TV and the Houston Chronicle in a libel suit against the news outlets.
The lawsuit in question was brought by Status Lounge, which alleged the media companies inaccurately reported on a shooting that occurred near Status Lounge’s bar.
Under the Texas Citizens Participation Act, the media defendants unsuccessfully sought dismissal of the lawsuit, leading to the appeal, court records show.
On appeal, Status Lounge argued that the TCPA is unconstitutional.
However, justices found the trial court erred by denying the motions to dismiss, reversing the trial court and remanding the case for further proceedings.
“We hold that the plaintiff failed to establish a prima facie case for its claims of libel and business disparagement because the plaintiff failed to provide evidence that the defendants’ statements were not substantially true,” the opinion states. “The trial court erred by denying the defendants’ motions to dismiss under the TCPA. Accordingly, the trial court’s order denying the motions is reversed.”
The Houston Chronicle is represented by attorney Jonathan Donnellan.
KHOU-TV is represented by Catherine Lewis Robb and Laura Lee Prather.
Attorneys Curt Hesse, Bridget Davidson and Melissa Moore represent Status Lounge.
Case No. 14-19-00393-CV