Williams v. Nexstar Broadcasting, Inc.

96 So. 3d 1195, 11 La.App. 5 Cir. 887, 2012 WL 1192201, 2012 La. App. LEXIS 482
CourtLouisiana Court of Appeal
DecidedApril 10, 2012
DocketNo. 11-CA-887
StatusPublished
Cited by4 cases

This text of 96 So. 3d 1195 (Williams v. Nexstar Broadcasting, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Nexstar Broadcasting, Inc., 96 So. 3d 1195, 11 La.App. 5 Cir. 887, 2012 WL 1192201, 2012 La. App. LEXIS 482 (La. Ct. App. 2012).

Opinion

SUSAN M. CHEHARDY, Judge.

|2This appeal arises in a defamation suit.1 The plaintiff appeals a judgment that granted the defendants’ exceptions of no cause of action and prescription, granted a special motion to strike the petition, and awarded attorney’s fees to the defendants on the special motion to strike. We amend and affirm.

FACTS

Moses Junior Williams was the President and Chief Executive Officer of the Northeast Louisiana Community Development Corporation (hereafter “CDC”) from the CDC’s creation in 1995 until his resignation in 2008. CDC is a nonprofit corporation that served as the lead entity for the federal Empowerment Zone and Enterprise Community process in north Louisiana, particularly in Madison Parish.

On November 18, 2009, Williams filed suit against Nexstar Broadcasting, Inc. d/b/a KTVE Channel 10 and myarklam-iss.com, Chad Sliger a/li/a Griffin Scott (hereafter “Scott”), Jack Boggan (hereafter “Boggan”), and Tallulah Publishing, Inc. d/b/a The Madison Journal (“Tallu-[1198]*1198lah”). Williams alleged that Scott was an agent and/or employee of Nexstar acting within the course and scope of his agency and/or employment, thereby rendering Nexstar liable for his acts and omissions. USimilarly, Williams alleged that Boggan was an agent and/or employee of Tallulah, acting within the course and scope of his agency and/or employment and rendering Tallulah liable for his acts and omissions.

Williams alleged that commencing on November 13, 2008 and continuing through November 25, 2008, Griffin Scott and other Nexstar agents and employees broadcast on KTVE Channel 10 a series of stories titled “Missing Millions in Madison Parish,” in which Scott and Nexstar made “false and defamatory statements, comments and innuendo to attack and harm the reputation and character of Plaintiff, Moses Junior Williams.” According to the petition, Jack Boggan appeared in these reports and he also made and published defamatory statements, comments and innuendo regarding Williams.

Williams stated that throughout the series, the defendants stated and implied that the CDC and Williams had received almost one hundred million dollars in taxpayer money, but that Williams had acted illegally, unprofessionally or incompetently as chief executive officer of CDC.

Williams alleged that from the date of their initial broadcast until the present date, Nexstar has continued to publish the series on its website, myarklamiss.com, and that Boggan and Tallulah continuously ran articles in the Madison Journal that similarly attacked Williams’ reputation and character. Williams alleged the defendants’ statements were made with actual malice, with knowledge of their falsity, or with reckless disregard for the truth.

The defendants all filed exceptions of no cause of action and prescription, as well as a special motion to strike pursuant to La. C.C.P. art. 971, seeking to have the entire petition stricken.2

|/The trial court granted the exceptions and the special motion to strike.

With respect to the exception of no cause of action, the court found, “The petition fails to state a cause of action because it fails to allege with reasonable specificity the allegedly defamatory statements.... Plaintiffs allegations are the types of con-clusory assertions, unsupported by specific defamatory statements, that do not state a cause of action under Louisiana law.” In addition the court noted that the petition fails to allege facts which support that the alleged defamation stemmed from allegations that were false and that they were published with malice.

The court stated,
The articles of Tallulah Publishing and the newscasts of Nexstar are based on actions of the CDC or an audit conducted by the Office of the Inspector General, United States Department of Agriculture. The publications are a matter of public concern, are editorial in nature, and are constitutionally protected statements of opinion.

With respect to the exception of prescription, the court held that because the petition was not filed until November 18, 2009, any alleged defamatory statements published or broadcast by the defendants prior to November 18, 2008, are prescribed.

With respect to the Special Motion to Strike, the court granted the motion and made the following findings:

[1199]*1199The subject articles of Tallulah Publishing and the broadcasts of Nexstar are clearly relating to free speech and a matter of public concern, as they directly relate to the USDA audit of the CDC. The CDC and its activities are a matter of public concern, and Moses Junior Williams, as its President and CEO, is a limited purpose public figure relative to matters pertaining to the CDC. The burden then shifts to the Plaintiff to establish a probability of success on the claim.... Plaintiff has a slim probability of success on his, claim. In essence, Defendants’ articles and publications are constitutionally protected free speech.

| ^Because Article 971 provides that the prevailing party shall be awarded reasonable attorney’s fees and costs, the court awarded attorneys’ fees of $3,000.00 to counsel for each group of defendants.

The plaintiff appeals, raising five assignments of error.

ASSIGNMENTS NOS. 1 AND 2: NO CAUSE OF ACTION

In the first and second assignments, the plaintiff asserts the district court erred in sustaining defendants’ exceptions of no cause of action, and in failing to allow amendment of the petition after sustaining the exceptions of no cause of action.

The plaintiff argues his petition contains everything necessary to state a case cause of action in defamation: defamatory words, publication, actual malice or reckless disregard for the truth, falsity, and injury. Alternatively, he argues the court should have allowed him to amend his petition to state a cause of action.

[A]n exception of no cause of action questions whether the law extends a remedy against the defendant to anyone under the factual allegations of the petition. The exception is triable on the face of the petition and, to determine the issues raised by the exception, each well-pleaded fact in the petition must be accepted as true. In reviewing a district court’s ruling sustaining an exception of no cause of action, appellate courts conduct a de novo review because the exception raises a question of law and the district court’s decision is based only on the sufficiency of the petition. An exception of no cause of action should be granted only when it appears beyond doubt that the plaintiff can prove no set of facts in support of any claim which would entitle him to relief.... If the petition states a cause of action on any ground or portion of the demand, the exception should generally be overruled. Every reasonable interpretation must be accorded the language used in the petition in favor of maintaining its sufficiency and affording the plaintiff the opportunity of presenting evidence at trial. [Citations omitted.]

| Badeaux v. Sw. Computer Bureau, Inc., 2005-0612, p. 7 (La.3/17/06), 929 So.2d 1211, 1217.

Defamation is a tort involving an invasion of a person’s interest in his reputation and good name. Costello v. Hardy, 03-1146, p. 12 (La.1/21/04), 864 So.2d 129, 139.

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Bluebook (online)
96 So. 3d 1195, 11 La.App. 5 Cir. 887, 2012 WL 1192201, 2012 La. App. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-nexstar-broadcasting-inc-lactapp-2012.