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Texas Monthly and at least one trade magazine covered the suit with Fertel, as did ABC World News Tonight. 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. The second best result is Dale Tervooren age 30s in McKinney, TX in the Eldorado neighborhood. Nixon v. Mr. In an extensive affidavit, Stuertz stated the following, among other things: In researching for the Article, he interviewed at least nineteen people, reviewed numerous court documents (listing fifty-seven documents), court transcripts, and numerous newspaper articles concerning Wamstad (listing forty-eight newspaper articles). Prac. The Dallas Times Herald published two pieces on the dispute, one entitled Dueling Steak Knives. The Dallas Morning News also covered the story, quoting Piper's and Wamstad's personal comments about each other.6, In 1995, Wamstad's business and personal reputation gained national press attention when he sued Ruth Fertel for defamation over her suggestion that Wamstad was behind the Top-Ten List. The evidence includes an Associated Press article, from November 1994, that chronicled the long-standing personal rivalry between Fertel and Wamstad7 and also reported Fertel's allegation that Wamstad was behind the supposedly independent Top-Ten rating. If he cannot secure it during the discovery process, he is unlikely to stumble on to it at trial. McLemore, 978 S.W.2d at 573 (citing New York Times Co. v. Sullivan, 376 U.S. 254, 283 (1964)). The lawsuit was eventually settled. As used in the defamation context, actual malice is different from traditional common-law malice; it does not include ill will, spite or evil motive. It reportedly escalated from there. Moreover, even assuming Wamstad's expert's testimony is admissible, the opinion on the Media Defendant's alleged failure to investigate speaks, rather, to an alleged disregard of a standard of objectivity. When Piper moved his restaurant, Wamstad reopened a Del Frisco's in the original location. He recently purchased an adjacent 10 acres, where he's already planning a 144,000 square foot second phase. (citing Trotter, 818 F.2d at 433; Waldbaum v. Fairchild Publications, Inc., 627 F.2d 1287, 1296-98 (D.C.Cir.1980)). The purpose of the actual-malice standard is "protecting innocent but erroneous speech on public issues, while deterring calculated falsehoods." It also includes favorable statements about Wamstad made by his current father-in-law. Although as a whole the Article is unfavorable to Wamstad, it states that Wamstad "both in media interviews and under oath in court has steadfastly denied ever abusing any member of his family." (citing Trotter, 818 F.2d at 433; Waldbaum v. Fairchild Publ'ns., Inc., 627 F.2d 1287, 1296-98 (D.C. Cir. Rem. 1323, 20 L.Ed.2d 262 (1968)). 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. To maintain a defamation cause of action, the plaintiff must prove that the defendant (1) published a statement (2) that was defamatory concerning the plaintiff (3) while acting with either actual malice, if the plaintiff was a public figure, or negligence, if the plaintiff was a private individual, regarding the truth of the statement. 2000). 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. See Gertz, 418 U.S. at 346, 94 S.Ct. The Shire has new ownership. 2997, 41 L.Ed.2d 789 (1974)). 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. Lena Rumore, ex-wife of Dallas steakhouse mogul Dale Wamstad (III Forks, Del Frisco's), will get a shot at the skillful restaurateur's beefy wallet. The standards for reviewing summary judgment under rule 166a(c) are well established. The marathon game had lasted 9 hours and 23 minutes. The second element requires that the plaintiff have more than a trivial or tangential role in the controversy. 1998). Wamstad also sued Rumore, Saba, and Sands (collectively, "Individual Defendants"). Again, the press covered the personal aspects of the rivalry between the parties, reporting that both sides claimed total victory.8, In 1998, the Dallas press covered the run-up to, and opening of, Wamstad's III Forks restaurant. Prac. Actual malice is a term of art, focusing on the defamation defendant's attitude toward the truth of what it reported. McLemore, 978 S.W.2d at 573. Wamstad argues that because the Individual Defendants' credibility is at issue, summary judgment is inappropriate, relying on Casso. See also Brueggemeyer v. Am. The Article was precisely about that contradiction and thus a continuation of the public discussion of Wamstad's endeavors and disputes. Wamstad sued Fertel for defamation, and Fertel countersued for false advertising and unfair competition. The guy is a warrior of. The Article is largely a recounting of various interactions with Wamstad as told by his ex-wife, his first-born son Roy, and some of Wamstad's former business associates. Although he only had a pair of 4's, he noticed Hilda the oldest sister blinking rapidly. Prac. 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. Dallas' independent source of Concerning the first element, a general concern or interest does not constitute a "controversy." News v. Dracos, 922 S.W.2d 242, 255 (Tex.App.-San Antonio 1996, no writ) (actual malice cannot be inferred from falsity of the challenged statement alone); Fort Worth Star-Telegram v. Street, 61 S.W.3d 704, 713-14 (Tex.App.-Fort Worth 2001, pet. Id. 5251 Spring Valley Rd. Huckabee, 19 S.W.3d at 424. Moreover, the judge's assessment is not probative of whether Rumore believed in the truth of the other Statements she made or whether she entertained doubts as to their truth. For controverting evidence, Wamstad relies principally on his affidavit and deposition testimony denying the truth of the Statements made by, or attributed to, the Individual Defendants. Several inquiries are relevant in examining the libel plaintiff's role in the controversy: (1) whether the plaintiff sought publicity surrounding the controversy, (2) whether the plaintiff had access to the media, and (3) whether the plaintiff voluntarily engaged in activities that necessarily involved the risk of increased exposure and injury to reputation. Id. Although at trial the libel plaintiff must establish actual malice by clear and convincing evidence, at the summary judgment stage the court applies the traditional summary-judgment jurisprudence in testing whether the evidence raises a genuine issue of material fact. Accordingly, we reverse and render judgment for all Appellants. Wamstad also points to the divorce court's judgment granting Wamstad a separation from Rumore on the grounds of attempted murder. Wamstad argues that this expert testimony-that the Media Defendants failed to investigate adequately-evinces actual malice. Code Ann. Wamstad, who founded the Del Frisco's Double Eagle Steakhouse concept in New Orleans in the late 80s then teamed with Dee Lincoln to expand the concept in Dallas, says the new restaurant will be a mix of "true American" cuisines, which . Business. I probably deserve it. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678-79 (Tex.1979). The Article also describes numerous disputes former business partners had with Wamstad, many of which resulted in lawsuits. The divorce judge held that Rumore did not act in self-defense when shooting Wamstad, basing his decision on discrepancies in Mrs. Wamstad's testimony, her overall lack of credibility and the Court's actual inspection of the premises. Id., (citing Trotter v. Jack Anderson Enters., Inc., 818 F.2d 431, 433 (5th Cir.1987)). I spend Sundays with my family. After he sold his interest in Del Frisco's, Wamstad continued to use his family values to promote his new restaurant, III Forks, which he opened in 1998.5, The press reported on a number of Wamstad's business disputes, particularly those with a personal edge to them. Alan S. Loewinsohn, Loewinshn Flegle, L.L.P., Dallas, for appellee. Gertz, 418 U.S. at 345. at 466. Subsequently, in 1995, the press reported that Wamstad dropped the libel suit to facilitate his $23 million sale of Del Frisco's to a national chain. When asked shortly thereafter about the comment, she stated she thought the statement was "partly in jest and partly reflected that he was still working on the story.". In its edition dated March 16-22, 2000, the Dallas Observer published an article ("the Article") about Dale Wamstad, entitled, "Family Man," with the caption on the cover stating, "Dallas Restaurateur Dale Wamstad portrays himself as humble entrepreneur and devoted father. Bob Sambol bought the place from Wamstad and turned it into Bob's Steak & Chophouse in 1994. Dale is related to Dale Tervooren and Dane Thomas Wamstad as well as 3 additional people. & Rem.Code Ann. 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. Wamstad responded that Piper was treacherous and mean-spirited for raising the shooting, adding that the shooting was all behind him, that he had remarried and had a wife and two beautiful kids. Appellants argue that Wamstad is a public figure, and thus he has the burden to show that each Defendant-Appellant published the Statements attributable to him or her with actual malice. Dale Wamstad redefined the Dallas steakhouse in 1981 when he opened Del Frisco's on Lemmon Avenue. Huckabee, 19 S.W.3d at 427. Co., 690 S.W.2d 546, 548 (Tex.1985). Updated 1:52 PM Jun 9, 2020 CDT. 710, 11 L.Ed.2d 686 (1964)). In an advertisement in the Dallas Morning News, Wamstad reportedly "blasted" Chamberlain for picking on Dee Lincoln, Wamstad's former partner and current manager of a Del Frisco's restaurant. Williams testified on deposition that he spoke with Lyons, and they talked about what the Observer's lawyer and Williams had previously discussed. Apparently incensed at the steak-house . Id. 2002) (reviewing finding of actual malice for sufficiency, incorporating clear and convincing standard on review). Prop. 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." We conclude that evidence is merely cumulative of Wamstad's testimony asserting Rumore's allegations are false. from 10 a.m.-2 p.m. 972-664-9975 (Texas restaurant) RELATED STORIES Co. L.P., 19 S.W.3d 413, 420 (Tex. (quoting St. Amant v. Thompson, 390 U.S. 727, 731, 88 S.Ct. Civ. And it's not a steakhouse. 1987)). Wamstad reproduced the list in his advertising, particularly in airline magazines, reportedly with great success. Co., 690 S.W.2d 546, 548 (Tex. Texas Monthly and at least one trade magazine covered the suit with Fertel, as did ABC World News Tonight. For example, at the time of the dispute with Piper, the Dallas press reported that Wamstad ran an advertisement stating, "I've done some stupid things in my life, but selling my steakhouse to my attorney has to top the list" and another one in which he accused Piper of running a "clone" restaurant. P. 166a(c). All Defendants brought motions for summary judgment, which the trial court denied, and all Defendants brought this interlocutory appeal. at 423. The AP article was picked up by numerous Texas newspapers, as well as newspapers in Charleston, Fort Lauderdale, Chicago, Baton Rouge, and Phoenix. As used in the defamation context, actual malice is different from traditional common-law malice; it does not include ill will, spite or evil motive. He went on to add that Piper was "a piece of snot floating in the ocean.". Dee Lincoln took the reins from Dale Wamstad and kicked up the charm. The feud reportedly began in 1981 when Wamstad claimed Fertel's son had slipped her recipes to him. Get the latest updates in news, food, music and culture, and receive special offers direct to your inbox. Doubleday Co., Inc. v. Rogers, 674 S.W.2d 751, 756 (Tex. Accordingly, we reverse and render judgment for all Appellants. The Court summarized as follows: The defendant's state of mind can-indeed, must usually-be proved by circumstantial evidence. We conclude that Williams' not recalling his next "personal involvement" with the Article does not contradict his later affidavit testimony that the Statements in the Article were not published with actual malice. Thus, the issue of credibility does not preclude summary judgment on the issue of actual malice. at 466. Rumore filed suit following the sale, claiming she was duped out of her share of the proceeds generated by the restaurant they founded and then developed in New Orleans in the early 1980s. San Antonio Exp. Wamstad also points to the divorce court's judgment granting Wamstad a separation from Rumore on the grounds of attempted murder. ), In the mid-1990s, the press began referring to Wamstad as flamboyant and controversial. For example, in 1995, the Dallas Morning News described Wamstad as a colorful and controversial member of the Dallas restaurant scene since arriving from New Orleans in 1989. In 1996, the Dallas press noted that Wamstad was known for getting embroiled in legal battles with former business partners and rival steakhouse chains. And the evidence shows that Wamstad used his access to the media to comment on his rivals and his business disputes. We reject this argument, just as the court in Huckabee did. The family he abandoned in New Orleans has a bone to pick with that." See Bentley, 94 S.W.3d at 596. The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. 973 F.2d 1263, 1270-71 (5th Cir.1992). Wamstad is a classic case of a shrewd business guy from out of town who got under the skin of corrupt local public servants. I spend Sundays with my family." Learn more about FindLaws newsletters, including our terms of use and privacy policy. In its edition dated March 16-22, 2000, the Dallas Observer published an article (the Article) about Dale Wamstad, entitled, Family Man, with the caption on the cover stating, Dallas Restaurateur Dale Wamstad portrays himself as humble entrepreneur and devoted father.