Libel 2011

On January 26, 2011, the Fourth Court of Appeals in San Antonio held that a publisher that had printed false and defamatory information concerning our client, Gloria Hernandez, General Counsel to the Kickapoo Traditional Tribe of Texas (who is also our client) was not entitled to  summary judgment, affirming the trial court's denial of the publisher's motion for summary judgment. The Court ordered that the case shall proceed to trial in Maverick County, and that the publisher shall pay the attorneys' fees and costs of the appeal.  The Fourth Court of Appeals found, as did the trial judge, that the Plaintiff had established the "actual malice" required to maintain her suit in Eagle Pass, Texas, against the publisher.  The case has been sent back to Maverick County for a trial.   No judgment or settlement has occurred yet, therefore the client has not received any money at this time.

The Texas Lawyer featured the unusual opinion denying an interlocutory appeal by a publisher in its 2/14/11 issue.