One article in the New Orleans Times-Picayune, entitled Wounded husband called a raging bull, quoted testimony from the trial of at least three witnesses who described instances they witnessed of Wamstad's physical abuse of Rumore before the shooting. To determine whether a controversy existed, and, if so, to define its contours, the judge must examine whether persons actually were discussing some specific question. Id. Dale Wamstad is Back in the Restaurant Business: Four Sisters Caf in Rem. . Each Defendant filed a traditional motion for summary judgment under rule 166a(c) of the Texas Rules of Civil Procedure.4 Tex.R. at 558-59. 1996)). Dallas restaurateur's libel case dismissed - The Reporters Committee The court can see if the press was covering the debate, reporting what people were saying and uncovering facts and theories to help the public formulate some judgment. Id., quoted approvingly in McLemore, 978 S.W.2d at 572. Wamstad relies on Leyendecker Assocs. The record evidence shows that around the time Rumore was tried for shooting Wamstad, in 1986, he began to receive considerable press attention concerning his domestic life. 7. Wamstad asserts he does not meet the public-figure test, because there is no "public controversy." At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We conclude the Individual Defendants' affidavits negated actual malice. Cos., 684 F. Supp. Wamstad reproduced the list in his advertising, particularly in airline magazines, reportedly with great success. Although he only had a pair of 4's, he noticed Hilda the oldest sister blinking rapidly. . Appeal from the 68th District Court, Dallas County, Texas, Trial Court Cause No. On July 16, 1986, Lena Rumore was found innocent. The record evidence shows that around the time Rumore was tried for shooting Wamstad, in 1986, he began to receive considerable press attention concerning his domestic life. Most, if not all of the statements about Wamstad in the Article were corroborated, either by prior sworn court testimony or by other witnesses, and based on the similarity of assertions made by the sources, he did not doubt the credibility of any of his sources, including Rumore and Roy Wamstad. Wamstad's ex-wife, Lena Rumore, describes alleged incidents of Wamstad's physical abuse of her, her shooting of Wamstad in 1985, and the ensuing trial in which she was acquitted based on self-defense. (When asked to comment for the newspaper articles, Wamstad told one newspaper that "the matter is over" and refused to return calls to the other.). All Defendants brought motions for summary judgment, which the trial court denied, and all Defendants brought this interlocutory appeal. The failure to investigate has been held insufficient to establish actual malice. Rumore contends Del Frisco's sale to publicly traded Lone Star unleashed the public filing of records with the Securities and Exchange Commission, revealing the true value and ownership structure of the Del Frisco's steak empire. Wamstad asserts six categories of evidence that he contends controvert the Media Defendants' denial of actual malice: (1) the Media Defendants were on notice that Rumore's credibility was questioned by the divorce judge, who questioned her allegations of Wamstad's abuse and her claim that she shot Wamstad in self-defense; (2) in recounting her tale of life with Wamstad, Rumore stated sometimes I'm not sure what is a dream and what is real, but nonetheless, Stuertz admitted Rumore was his main source for the article; (3) the Observer was aware before it published the Article that Wamstad had passed a polygraph examination that contradicted Rumore's allegations of abuse; (4) Stuertz admitted he questioned the logic of Rumore's remarrying Wamstad despite her allegations of previous abuse; (5) Wamstad's media expert testified that the Observer's investigation was grossly inadequate; and (6) on deposition, editor Lyons testified that managing editor Williams stated the Article was libelous as hell, but it won't be when I'm through with it, and Williams testified he had no further personal involvement with the Article after that conversation. Neither do the actions of the Media Defendants evince a purposeful avoidance of the truth. He stated that he had no knowledge that the Article or any statements in it were false at the time the Article was published, and at no time did he entertain any doubts as to the truth of the statements made in the Article. The feud reportedly began in 1981 when Wamstad claimed Fertel's son had slipped her recipes to him. Dale Wamstad to open breakfast and lunch spot in Richardson - impact In context, the import of the statement in Casso is that, as to actual malice, the issue of credibility does not preclude summary judgment: If the credibility of the affiant or deponent is likely to be a dispositive factor in the resolution of the case, then summary judgment is inappropriate. 2997; Waldbaum, 627 F.2d at 1297 n. 27 (controversy need not concern political matters). Wamstad argues that this expert testimony-that the Media Defendants failed to investigate adequately-evinces actual malice. Code Ann. He discussed the extensive interviews, media reports, court documents and transcripts Stuertz used and the level of corroboration among the sources. v. Wechter for the proposition that, when the truth or falsity of a statement is within the particular purview of the defamation defendant, then falsity is probative of malice. Fertel suggested, in a newsletter to her customers, that the Top-Ten List was a front for Del Frisco's. 175 years later on November 8th, 2011 Tuesday night at 8:30 pm in a Texas Hold-em poker game, Dale Francis Wamstad went all in with The Four Sisters. Wamstad sued New Times, Inc. d/b/a Dallas Observer (the Observer) and Mark Stuertz, the reporter (collectively, Media Defendants). Emmerdale star Dale Meeks dies age 47 as tributes pour in for actor Huckabee, 19 S.W.3d at 427. We certainly agree that the public debate in this case does not involve matters of great moment in current public life. Accordingly, Wamstad has failed to controvert the Media Defendants' negation of actual malice. Imagining that something may be true is not the same as belief. The articles quoted Piper as saying he got involved with Wamstad in 1985 when Dale's wife shot him and states that Piper showed the reporter the 1986 raging bull article from the Times-Picayune. The articles quote Wamstad's advertisement, directed at Chamberlain: If you, your investors and the food critics want to slam III Forks, I can live with that. at 1271. at 466. 5251 Spring Valley Rd. "`By publishing your views you invite public criticism and rebuttal; you enter voluntarily into one of the submarkets of ideas and opinions and consent therefore to the rough competition in the marketplace.'" The managing editor had stated to her that virtually all of the information, even that conveyed in interviews with Rumore and Roy Wamstad, was corroborated by other sources or documents. The Article also describes numerous disputes former business partners had with Wamstad, many of which resulted in lawsuits. The AP article was picked up by numerous Texas newspapers, as well as newspapers in Charleston, Fort Lauderdale, Chicago, Baton Rouge, and Phoenix. In actual-malice cases, such affidavits must establish the defendant's belief in the challenged statements' truth and provide a plausible basis for this belief. . Id. Independent evidence is required: Id. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. To prevail on summary judgment, a defendant must either disprove at least one element of each of the plaintiff's theories of recovery or plead and conclusively establish each essential element of an affirmative defense, thereby rebutting the plaintiff's cause of action. Wamstad's reliance on Wilson v. UT Health Center is also misplaced. Dale spent 20 years in the insurance business and in 1977 formed an investment group that funded a Popeye's Famous Fried Chicken franchise. 1998). denied) (defendant's testimony established plausible basis for professed belief in truth of publication, thus negating actual malice even if publication not substantially correct). General-purpose public figures are those individuals who have achieved such pervasive fame or notoriety that they become public figures for all purposes and in all contexts. Wamstad argues that at most only personal disputes are involved, that there is no public controversy in the sense that the public is affected by these disputes in any real way. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678-79 (Tex.1979). The standards for reviewing summary judgment under rule 166a(c) are well established. Wamstad's ex-wife, Lena Rumore, describes alleged incidents of Wamstad's physical abuse of her, her shooting of Wamstad in 1985, and the ensuing trial in which she was acquitted based on self-defense. Through his promotion of his family-man image in his advertising over the years, Wamstad voluntarily sought public attention, at the very least for the purpose of influencing the consuming public. Chamberlain was reportedly perplexed: his advertisement had not mentioned Lincoln by name, and he had used the same advertising concept for nearly five years, which was a list that compared Chamberlain's four-star listing with the three-and-a-half stars enjoyed by Del Frisco's and others, with the recent inclusion of III Forks on the lower-rated list. She created the high-end wine, martini and champagne lounge with the Cowboys, Legends Hospitality Management and her brother, Ricky Comardelle. Just My 2 Cents Worth: More to the Dale Wamstad Story - Blogger It also includes favorable statements about Wamstad made by his current father-in-law. That is, he argues, the Article does not involve the types of controversies found in public-figure cases such as Trotter, 18 F.2d 434-35 (union official assassination and labor violence in foreign country); Brueggemeyer, 684 F. Supp. A failure to investigate fully is not evidence of actual malice; a purposeful avoidance of the truth is. The Article also describes Wamstad's litigation with his long-time rival Ruth Fertel, of Ruth's Chris Steakhouse. The Article was precisely about that contradiction and thus a continuation of the public discussion of Wamstad's endeavors and disputes. (quoting Dilworth v. Dudley, 75 F.3d 307, 309 (7th Cir.1996)). Trial in that case was pending at the time the Article was published. The restaurant is the latest culinary project by restaurateur Dale Wamstad. denied) (defendant's testimony established plausible basis for professed belief in truth of publication, thus negating actual malice even if publication not substantially correct). Doubleday Co., Inc. v. Rogers, 674 S.W.2d 751, 756 (Tex. Sometime after the opening, the Dallas Business Journal and the Observer covered yet another of Wamstad's business disputes-again focusing on the personal aspects of the dispute-this time with rival steakhouse-owner Richard Chamberlain. That the Media Defendants published her Statements anyway, his argument goes, is evidence of actual malice. Neither do the actions of the Media Defendants evince a purposeful avoidance of the truth. 2003). Wamstad is upping his bet that The Shire, with a "town village" design, will fill a need for a mixed-use project in Richardson. 496-705-1665. www.roostertownwafflery.com RELATED STORIES Get the latest updates in news, food, music and culture, and receive special offers direct to your inbox. Dale is related to Dale Tervooren and Dane Thomas Wamstad as well as 3 additional people. Civ. Even after Rumore was acquitted based on self-defense, the New Orleans press continued to cover the couple's subsequent suits against each other, including Wamstad's suit in 1997 against Rumore for damages from shooting him and Rumore's subsequent countersuit for $5 million. Thereafter, Wamstad married again, and began operating Del Frisco's restaurants in Dallas. Wamstad argues that because the Individual Defendants' credibility is at issue, summary judgment is inappropriate, relying on Casso. Dallas' independent source of In 1986, she and partner Dale Wamstad moved Del Frisco's to Dallas where it later mushroomed with success when it was bought by Lone Star Steakhouse and Saloon in 1995. Wamstad's expert witness opined that the Observer's investigation was grossly inadequate given the source bias, lack of pre-dissemination opportunity to respond, [and] lack of deadline pressure. Wamstad argues that this expert testimony-that the Media Defendants failed to investigate adequately-evinces actual malice. Stay up-to-date with how the law affects your life. The purpose of the actual-malice standard is "protecting innocent but erroneous speech on public issues, while deterring calculated falsehoods."

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