Johnson v. Phillips

526 S.W.3d 529, 2017 WL 2255778
CourtCourt of Appeals of Texas
DecidedSeptember 7, 2017
DocketNO. 01-15-00173-CV
StatusPublished
Cited by5 cases

This text of 526 S.W.3d 529 (Johnson v. Phillips) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Phillips, 526 S.W.3d 529, 2017 WL 2255778 (Tex. Ct. App. 2017).

Opinion

OPINION

Rebeca Huddle, Justice

After siblings Kaleta and Seth Johnson sued Dinesh Shah for Shah’s protracted abuse of their family, Michael Phillips, a Houston attorney, defended Shah against the allegations in a 2008 civil trial. Phillips later published a book, titled “Monster in River Oaks,” about the events giving rise to the suit. According to its prologue, the book tells the “story of a predatory monster that set out to control and then dominate a famous Houston family,” the John-sons. Kaleta and Seth, along with their mother, Joan Johnson, and their brother, Wirt Blaffer, sued Phillips, his law firm, and the book’s publisher, alleging that the book libeled them.

The defendants moved for traditional and no-evidence summary judgment, arguing that the book constituted a fair report of the 2008 trial and that neither the book as a whole nor any of the complained-of passages was defamatory. The trial court granted summary judgment without specifying its reasons, and the family appealed, arguing that the book is defamatory and not protected by the fair report privilege. We hold that the book as a whole and the complained-of passages are not defamatory as a matter of law, and, accordingly, we affirm the trial court’s summary judgment.

Background

The 2008 trial

The gravamen of Kaleta and Seth’s suit against Shah was that he and his friend David Collie systematically isolated the family and moved into their River Oaks home, where they abused them and siphoned millions of dollars for Shah’s use.1 In particular, Kaleta and Seth alleged that Shah coerced Joan to send their oldest sibling, 16-year-old Wirt, away to school to clear the path for Shah to inflict physical and mental abuse on Joan, Seth, and Kale-ta, and, most horrifically, to sexually abuse the youngest sibling, Seth. While Collie eventually left the family home voluntarily, Shah’s reign spanned years, until he was forcibly removed by police, arrested and charged with injury to a child for striking Kaleta.

Kaleta and Seth asserted claims for assault, intentional infliction of emotional distress, breach of fiduciary duty, and conspiracy. Phillips represented Shah during the two-week jury trial, after which the [533]*533jury returned a $20 million verdict in Kale-ta and Seth’s favor.

The book

Two years after the trial, Phillips self-published “Monster in River Oaks.” The book relates the history of the family beginning with R.L. Blaffer, a founder of Exxon and great-grandfather of the siblings, It describes Joan’s marriage to Luke Johnson, the siblings’ father, and Luke’s sudden death in 1995. It goes on to describe how Joan, a widow with three young children, met Shah and Collie' soon after Luke’s death. It details how' Shah and Collie befriended Joan, pretended to have expertise managing investments, and began to help Joan manage her finances.

The book relates that Joan and Collie were romantically involved for a time, but the romantic aspect of the dynamic is not the book’s focus. Instead, the book devotes itself primarily to describing in significant detail Shah’s escalating physical and psychological control over every aspect of the family’s life—he dictated the family’s ’ financial, social and educational affairs for years—until he was finally arrested and forcibly removed from the home in 2002. The epilogue then informs the reader that Phillips, the book’s author, was Shah’s lawyer in the 2008 trial, and that he felt moved to write the book so that others would learn from the “sordid tale.”

The underlying case

In 2011, the family sued Phillips, his law firm, and his publisher, for libel. The defendants moved for summary judgment, arguing in their traditional motion that the book was protected by the statutory, common law, and constitutional fair-report privileges because it is a fair report of the 2008 trial. They also argued that the book and the complained-of passages were not defamatory because they presented a fair and true account of the trial and the evi-. dence and argument adduced therein, and Phillips’s characterizations of the trial evidence were not actionable because they are opinions, not objectively verifiable statements. In the no-evidence motion, the defendants similarly contended that there was no evidence that any of the complained-of statements or gists of the book (1) had a defamatory meaning, (2) were objectively verifiable as opposed to opinion or unverifiable characterizations; or (3) were substantially false.

The family responded, arguing that the fair-report privilege did not apply and identifying passages they .contended, were not fair or accurate reports of the trial or opinions and were defamatory. The trial court granted Phillips summary judgment on all claims without specifying its reasons. The family appealed.2

Discussion

In their sole issue on appeal, the family argues that the trial court erred in granting summary judgment. Specifically, they argue that the book is not protected by the fair-report privilege and that, at a minimum, there are fact issues regarding whether the book as a whole or the complained-of passages are defamatory. We first address whether the book as a whole or the complained-of passages are defamatory because this issue is dispositive.

[534]*534A. Standard of Review

We review a -trial court’s summary judgment de novo. Travelers Ins. Co. v. Joachim, 315 S.W.3d 860, 862 (Tex. .2010). If a trial court grants summary judgment without specifying the grounds for granting the motion, we must uphold the trial court’s judgment if any of the grounds are meritorious. Beverick v. Koch Power, Inc., 186 S.W.3d 145, 148 (Tex. App.—Houston [1st Dist.] 2005, pet. denied). When reviewing a summary judgment, we take as true all evidence favorable to the nonmovant, and we indulge every reasonable inference and resolve any doubts in the nonmovant’s favor. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex. 2005).

To prevail on a no-evidénce motion for summary judgment, the'movant must establish that there is no evidence to support an essential element of the nonmov-ant’s claim on which the nonmovant would have the burden of proof at trial. See Tex. R. Civ. P. 166a(i); Hahn v. Love, 321 S.W.3d 617, 523-24 (Tex. App.—Houston [1st Dist.] 2009, pet. denied). The burden then shifts to the nonmovant to present evidence raising a genuine issue of material fact as to each of the elements specified in the motion. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006); Hahn, 321 S.W.3d at 524.

In a traditional summary judgment motion, the movant has the burden to show that no genuine issue of material fact exists and that the trial court should grant judgment as a matter of law. Tex. R. Civ. P. 166a(c); KPMG Peat Marwick v. Harrison Cty. Hous. Fin. Corp., 988 S.W.2d 746, 748 (Tex. 1999).

B. Applicable Law

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526 S.W.3d 529, 2017 WL 2255778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-phillips-texapp-2017.