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Jackson Walker wins appellate victory

Jackson Walker L.L.P. won a significant victory for its media clients, reporter LeaAnne Klentzman and newspaper publisher Carter Publications, Inc. d/b/a The West Fort Bend Star, on Thursday, December 18, 2014, when the Court of Appeals for the First District of Texas reversed the trial court’s judgment awarding damages on a jury verdict to the plaintiff, Wade Brady 

The case involved a libel claim brought by Mr. Brady against The Star and Ms. Klentzman, a former reporter for The Star.  The claim related to an article that appeared in The Star in 2003 that reported on certain questionable actions taken by the Chief Deputy related to his son’s run-ins with law enforcement. 

A Fort Bend County jury heard the case in April 2011 and the jury awarded Mr. Brady $50,000 in actual damages and $1 million in punitive damages. In reversing the entire verdict and judgment of the trial court in its most recent opinion, the appellate court found that the article related to matters of public concern and, therefore, Mr. Brady was required to prove falsity, actual damages, and actual malice, none of which was required by the trial court.  This higher burden of proof is required because of the importance of robust free speech on matters of public concern under the First Amendment to the U.S. Constitution.

Jackson Walker partner John K. Edwards represented the appellants as lead counsel, with assistance from partner Amanda Bush and associate Luke Gilman.