In episode six of the Keith Law PLLC Podcast, I explained how a business can address false negative online reviews. In that episode there was uncertainty about the effect of failing to send a timely request for retraction and correction. In this episode I go through a recent Texas Supreme Court opinion that (for now) answers the uncertainty expressed in episode six regarding the legal effect of failing to timely and sufficiently send the request for retraction or correction required by the Defamation Mitigation Act.

GENERAL LINKS:

Episode's blog post: https://www.keith.law/reputation/update-effect-of-noncompliant-defamation-mitigation-act-request-for-correction-or-retraction/
Podcast Website: https://www.keith.law/category/podcast/
Firm Website: https://www.keith.law/
Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/

EPISODE-SPECIFIC LINKS:

Texas Supreme Court's Plurality Opinion (Devine, Guzman, Lehrmann, and Busby): https://scholar.google.com/scholar_case?case=11575940537333814654&hl=en&as_sdt=6&as_vis=1&oi=scholarr
Justice Boyd's Concurring Opinion: Agrees that the 9 new claims should not have been dismissed, but not for the reasons expressed in the plurality opinion.
The Dissenting Opinion: (Hecht, Blacklock, and Huddle)
Hogan v. Zoanni Texas Supreme Court Oral arguments: 18-0944, Lemuel David Hogan v. Stephanie Montagne Zoanni

Court of appeals opinion (which the Texas Supreme Court reverses): https://scholar.google.com/scholar_case?case=10005498547995510988&q=Lemuel+David+Hogan+v.+Stephanie+Montagne+Zoanni&hl=en&as_sdt=4,44

TIMESTAMPS:

00:00 — What happens when you sue for defamation or business disparageent but fail to send the request for retraction or correction under the Defamation Mitigation Act? The Texas Supreme Court just answered this question.

00:21 — Intro

00:46 — Throwback to episode 6 question that the Texas Supreme Court just addressed this month in Hogan v. Zoanni

02:00 — Remember that sending a good DMA is still the best practice and the time limits are very strict

02:15 — Overview of the organization of this episode

02:40 — Factual background

03:35 — The procedural background

06:38 — The Texas Supreme Court's plurality opinion - abatement and loss of punitive damages permitted, but not dismissal

07:45 — Digging into the Texas Supreme Court justices votes in Hogan v. Zoanni (4-1-3)

09:27 — The practical effect of the plurality opinion for Hogan

09:44 — The legal effect of this plurality opinion based on the vote

11:05 — The concurring justice's opinion more closely aligns with the dissenting opinion

11:34 — The dissenting opinion

12:09 — What the practical outcome would be if the dissenting opinion was the rule

12:30 — The reason DMA requests should be focussed on

13:02 — Check the show notes for links

13:39 — Why it's important for businesses to have a sense of this information

14:25 — Outro

Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.

Update: Effect of Noncompliant Defamation Mitigation Act Request for Correction or Retraction