The court did not state the basis for any of its rulings. Subscribe https://t.co/MqPw2ZUctn The Dallas Morning News published the obituary on May 21, 2010. The Tatums argue that the service at issue is publishing the obituary. Founded in 1885, The Dallas Morning is North Texas' largest news team. Is there evidence that the column's gist was false? "With its unanimous ruling, the court affirmed that Steve Blow's piece was clearly an opinion column protected by law.". The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. 3 On June 20, 2010Father's Day, and about one month after Paul's suicidethe paper published a column by Blow entitled "Shrouding Suicide Leaves its Danger Unaddressed." 4 dallas morning news v tatum oyezcash cars for sale memphis. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill 29, 2013), aff'd, 41 N.E.3d 38 (Mass.2015). 73.001. Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). They're frustrated when obits don't say. 17.50(a)(1)(A)(B). Appellees also argue that there is no evidence to support the Tatums' theory that a brain injury made Paul suicidal. One expert explained the severity of Paul's auto accident, and the other opined that Paul committed suicide because of a brain injury sustained in that accident. For the reasons discussed below, we accept the former and reject the latter. The trial court granted summary judgment for Petitioners. Civ. Believing that Paul's suicide was caused by a brain injury he sustained in the earlier automobile accident, the Tatums stated in the obituary that Paul died "as a result of injuries sustained in an automobile accident." (A publication is of and concerning the plaintiff if persons who knew and were acquainted with him understood from viewing the publication that the defamatory matter referred to him.). (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). More than 1,000 people attended Paul's funeral. Rather, we conclude only that it is capable of having that meaning. See Neely, 418 S.W.3d at 71 ([T]he allegedly defamatory statement cannot be what brought the plaintiff into the public sphere; otherwise, there would be no private figures defamed by media defendants.). Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006). Civil Rights We remand the case for further proceedings consistent with this opinion. There is thus some evidence from which a reasonable factfinder could find negligence's first prongthat appellees should have known of the defamatory statement's falsity, but failed to use reasonable care to ascertain the truth of the column's gist. We review the evidence in the light most favorable to the nonmovant, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. See id. foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. The court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. Unlike the current trend of local news being acquired by private equity firms and national chains, we have been a family-controlled company for over 135 years. 4. That decision, which backed the Tatums defamation claims, said readers could construe the column to suggest that Paul suffered from mental illness.. Commercial Law Appellees filed a traditional and no-evidence summary judgment motion. Rhetorical hyperbole is extravagant exaggeration employed for rhetorical effect. Backes, 2015 WL 1138258, at *14. 73.002(b)(1)(B), and (ii) a reasonable and fair comment on or criticism of a matter of public concern published for general information, id. Id. The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. (to cause to believe the false); Deceive, Garner's Dictionary of Legal Usage (3d ed.2011) (to induce someone to believe in a falsehood); Deceive, The New Oxford American Dictionary (2001) (cause (someone) to believe something that is not true, typically in order to gain some personal advantage).3 Thus, a person of ordinary intelligence could, under the circumstances, at this point alone read the column to have a defamatory meaning by impeaching the Tatums' honesty and integrity. Thus, they must prove only negligence to recover compensatory damages. Search by Name. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. Id. Examples of defamation per se include (i) accusing someone of a crime, (ii) accusing someone of having a foul or loathsome disease, (iii) accusing someone of serious sexual misconduct, and (iv) disparaging another's fitness to conduct his or her business or trade. Although the column does not expressly make these assertions, roughly the last third of the column discusses the prevalence of suicide (specifically among young people), laments public silence about suicide's frequent cause (mental illness), and concludes, Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. They also sued DMN for DTPA violations. See Civ. And those who did know were already aware of the confusion caused by the obituary. See id. For the above reasons, we conclude that a person of ordinary intelligence could construe the column to suggest that Paul suffered from mental illness and his parents failed to confront it honestly and timely, perhaps missing a chance to save his life. Antitrust & Trade Regulation Finally, appellees cite West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994). But, here he did not attempt to contact the Tatums before publishing the column at issue in this case. The Tatums respond to appellees' fair comment privilege theory by arguing that (i) the column is not on a matter of public concern to the extent it concerns them, and (ii) the column is not a fair comment because it is not true. A three-judge district court agreed with the challengers that the map likely violated Section 2 of the VRA, granting a preliminary injunction that ordered the state to draw a new map. at *13. Blow, who did not contact the Tatums before writing his column, called for the public to more openly discuss mental illness, which is often a factor in suicides. There was a page break in the middle of the column, and a slightly different headline appeared over the remainder of the column when it resumed on another page: Shrouding suicide in secrecy leaves its danger unaddressed. The column, with emphasis added, stated as follows: So I guess we're down to just one form of death still considered worthy of deception. Did appellees establish as a matter of law that the column is privileged as a fair account of official proceedings or as a fair comment on a matter of public concern? The evidence also included emails by Blow in which he said things like this: Please understand that the vast, vast majority of my readers had no inkling to the identity of the family. Neely, 418 S.W.3d at 66 n.12 (the distinctions among the varying burdens of proof as to truth or falsity are less material at summary judgment). They already face a grief more intense than most of us will ever know. The Tatums son shot himself hours after he was involved in a serious car crash in 2010, according to court records. The Tatums sued both appellees for libel and libel per se. Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). Some obituary readers tell me they feel guilty for having such curiosity about how people died. at *4. And the gist includes an implication that the Tatums' motive for deceiving readers was to conceal that Paul had suffered from a mental illness that the Tatums failed to confront. All rights reserved. Did you know that almost twice as many people die each year from suicide as from homicide? These matters create a genuine fact issue regarding whether the column's contents would have warned a reasonably prudent publisher of its defamatory potential. at 6364. Our supreme court, however, has embraced the Milkovich verifiability test. Nonetheless, the Tatums filed affidavits by two experts. Based on his investigation, he concluded that the primary impact involved in the accident was moderate to severe, and that the accident was severe enough that it would have subjected a human occupant of the vehicle to, at a very minimum, the risk of a mild TBI [traumatic brain injury], such as a concussion.. It has received nine Pulitzer Prizes since 1986, as well. Insurance Law denied). 2014, pet. You can explore additional available newsletters here. Appellees, however, cite several cases from other jurisdictions to support their argument that the column's gist is an unverifiable opinion. Stay up-to-date with how the law affects your life. Cf. The new Dallas Morning News app combines two apps into one. See Pickens v. Cordia, 433 S.W.3d 179, 185 (Tex.App.Dallas 2014, no pet.) We agree with the Tatums. Environmental Law D Magazine Partners, 2015 WL 5156908, at *7. a. And for us, there the matter ended. Id. We are not necessarily convinced that Knopf's first statement about Haynes was an unverifiable opinion. Conversely, a publication that consists of statements that are literally true when read in isolation can still convey a false and defamatory meaning by omitting or juxtaposing facts. Libel per quod is simply libel that is not actionable per se. Civ. The Tatums also filed copies of a number of emails bearing on the subject. Based on that evidence, the court concluded that a factfinder could find that the false gistthat Neely was disciplined for operating while using drugswas more damaging to Neely's reputation than the truththat Neely was disciplined for self-prescribing medications. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. There was also evidence from which a reasonable jury could find that a proper investigation would have revealed that the Tatums had a good faith belief that Paul's death was in fact caused by injuries sustained in a car accident. The Texas Supreme Court dismissed a lawsuit Friday in which a couple claimed The Dallas Morning News defamed them when it published a column disclosing their decision to omit information about their teenage son's suicide from a paid obituary. We disagree. Thus, the column does not qualify for the official proceeding privilege. "Walking along side you" | 24 Hour Line: 086 111 1380 | Essential Service provider, available to families during COVID 19 LOCK DOWN In this context, negligence has two prongs: (1) the publisher knew or should have known that the defamatory statement was false, and (2) the factual misstatement's content was such that it would warn a reasonably prudent editor or broadcaster of its defamatory potential. We draw this factual recitation from the allegations in the Tatums' live petition: The Tatums were Paul Tatum's parents. Limited-purpose public figures are generally people who have thrust themselves to the forefront of a particular public controversy to influence its resolution, or who have voluntarily injected themselves or been drawn into a public controversy. Did appellees conclusively prove the official proceeding privilege? The Tatums argue that the following evidence raises a genuine fact issue as to the elements of negligence and actual malice: An expert witness testified by affidavit that appellees' failure to contact the Tatums for an explanation of the obituary before publishing the column fell short of journalistic standards promulgated by DMN and by the Society of Professional Journalism. Appellees also assert that the obituary's omission of Paul's suicide shows that it was in fact a deception. But as discussed above, deception implies intent to deceive, and the Tatums raised a genuine fact issue as to whether they had such an intent. May 11, 2018. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. Finally, the Tatums point to their minister's testimony that he called Blow to express his concerns about the column and that Blow's first response was, Did I get my facts right?. We resolved that case, however, without deciding the issue because the placement of the burden there would not have affected the outcome.Although Turner contains a passing remark in dicta that a defamation plaintiff must prove that the publication is not privileged, 38 S.W.3d at 115, it does not cite Denton Publishing Co. or hint that it overrules that case's holding that privilege is an affirmative defense, 460 S.W.2d at 885. See Civ. At issue is. Election Law We recently cited Lipsky and placed the burden of proving falsity on the plaintiff in a libel case involving the Texas Citizens Participation Act, Civ. Am. On that occasion, he said, he attempted to contact the author of one of the obituaries. Did the Tatums raise a genuine fact issue regarding whether the column was about them? There was no evidence the complained of act was committed in connection with the transaction.. In the present case, the column's implicit assertion that the Tatums committed deception is similaran accusation that the Tatums willfully wrote a misleading obituary for the purpose of deceiving readers, possibly to protect themselves from suspicion of being negligent or inattentive parents. Prac. But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. DMN counterclaimed for its attorneys' fees under the DTPA. Although the Tatums' mental states when they wrote the obituary may not be susceptible of direct proof, we conclude that they are sufficiently verifiable through circumstantial evidence, such as the investigation into the possible causes for Paul's suicide that the Tatums undertook, to make the column's defamatory gist about them verifiable under Milkovich and Neely. See id. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Yet we're nearly blind to the greater threat of self-inflicted violence. Entertainment & Sports Law Daily resource for best restaurants in Dallas, recommendations for things to do, local news and commentary on life in Dallas. P. 166a(i). at 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se). The Tatums' response relied on the following evidence: One, John Tatum testified by affidavit that his friend Lee Simpson called to inform him about the column the day it was published. We review a summary judgment de novo. Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. This is some evidence of actual malice. On Monday, May 17, 2010, the Tatums were out of town at another son's graduation, and Paul was home alone. at *5. I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. at *1314. walkers gluten free shortbread / April 12, 2022 . For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. But averting our eyes from the reality of suicide only puts more lives at risk. Sysco Food Servs., Inc. v. Trapnell, 890 S.W.2d 796, 800 (Tex.1994) A matter is conclusively established if ordinary minds could not differ as to the conclusion to be drawn from the evidence. In re Estate of Hendler, 316 S.W.3d 703, 707 (Tex.App.Dallas 2010, no pet.). As the Tatums urge, the service they bought was Paul's obituary. at 571; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] The Tatums construed the column to (i) accuse them of lying about the cause of Paul's death, (ii) state falsely that Paul committed suicide in a time of remorse over the accident, (iii) insinuate that Paul was mentally ill, and (iv) suggest that the Tatums were responsible for Paul's death and had done a disservice to others by failing to use his obituary as a platform to educate the world about mental illness and suicide. In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning that John and Mary Ann Tatum acted deceptively and that the accusation of deception was reasonably capable of defaming the Tatums. Tax Law We agree with the Tatums. DMN also asserted the following no-evidence grounds: There was no evidence that the Tatums were consumers. Morbid curiosity, they call it apologetically. I understand why people don't include it, she told me. Gacek v. Owens & Minor Distrib., Inc., 666 F.3d 1142, 114748 (8th Cir.2012); Scholz v. Bos. I'm a big admirer of Julie Hersh. App.Dallas Dec. 30, 2015, pet. See Neely, 418 S.W.3d at 61. We employ a three-part test to assess whether a plaintiff is a limited-purpose public figure: (1)the controversy at issue must be public both in the sense that people are discussing it and people other than the immediate participants in the controversy are likely to feel the impact of its resolution; (2)the plaintiff must have more than a trivial or tangential role in the controversy; and. Id. 2015 WL 5156908, at *6 n.6. The Dallas Morning News Homepage. Thus, if the column's false gistthat the Tatums wrote Paul's obituary with the intent to deceiveis more damaging to the Tatums' reputations than a true statement would have been, then the gist is not substantially true. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. at 66. See id. The other affidavit is by Dr. Joseph Kass, a medical doctor and neurologist who possesses expertise in neurocognitive disorders such as traumatic brain injuries. We agree with the Tatums. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. Real Estate & Property Law Professional Malpractice & Ethics To the extent a negligence standard applies, there was no evidence of negligence. of Tex., Inc. v. Tex. O. c.Did the Tatums raise a genuine fact issue as to negligence and actual malice? Did appellees conclusively prove the fair comment privilege? Copyright 2023, Thomson Reuters. Turner, 38 S.W.3d at 114. This case involves libel, which is a defamation expressed in written or other graphic form. The gist is that they stated a false cause of death, shrouded Paul's suicide in secrecy, intended to mislead and deceive the readers, and may have wanted to conceal Paul's mental illness and their own failure to intervene. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Government & Administrative Law Haynes is distinguishable. Real Estate Law The 2010 column, Shrouding suicide leaves its danger unaddressed, urged the public to talk more openly about suicide. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. But appellees do not explain how the column amounts to rhetorical hyperbole. The truth of the column's gist hinges on whether the Tatums intended to deceive when they wrote the obituary, not necessarily on the strength of the scientific evidence supporting their belief about the cause of Paul's suicide. Alabama asked the U.S. Supreme Court to freeze the district court's injunction, which the Court did by a 5-4 decision pending a merits decision. Appellees, however, counter that no ordinary reader would think the column defames the Tatums. And the secrecy surrounding suicide leaves us greatly underestimating the danger there. b. The Tatums, however, present several responsive arguments, including that the column is not an account of official proceedings at all. A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. featuring summaries of federal and state dallas morning news v tatum oyezitalian catering delray beach. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. For this privilege to apply, however, the law requires that the comment at issue purported to be, and was, only a fair, true and impartial report of what was stated at the meeting, regardless of whether the facts under discussion at such meeting were in fact true, unless the report was made with malice. Denton Publ'g Co., 460 S.W.2d at 883. Landlord - Tenant As to the Tatums' first point, we agree that the column is capable of a defamatory meaning about them because a person of ordinary intelligence could read the column to accuse the Tatums of deception about the cause of Paul's death and a statement is defamatory if it impeaches a person's honesty or integrity. In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning that John and Mary Ann Tatum acted deceptively and that the accusation of deception was reasonably capable of defaming the Tatums. We perceive no extravagant exaggeration in the column. We held that these affidavits provided clear and specific evidence that the post was about Misko, even though Misko was not named in it. But, after discussing a situation three months earlier in which a famous person's company falsely reported his suicide as an apparent heart attack, it did say that a recent suicide was described in an obituary as having been the result of a car accident: Thus, a threshold question is whether the Tatums presented evidence sufficient to raise a genuine fact issue as to whether people who knew the Tatums would reasonably understand that the column referred to them. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners. Nonetheless, a journalist may not omit and juxtapose facts in such a way as to make the facts reported convey a false gist or meaning. Commercial Record Daily Business newspaper published in Dallas, Texas. As to whether Blow misrepresented his investigation and the sources of his information, Blow testified by deposition that he learned the information about Paul's death that he used in his column from one of his colleagues at DMN. Appellees' summary judgment motion argued that they conclusively negated the element of actual malice, that the Tatums could produce no evidence of actual malice, and that the Tatums could produce no evidence of negligence if that standard applied. Appellees' summary judgment motion argued that (i) they proved the column was true or substantially true and (ii) the Tatums had no evidence of any false statement of fact in the column. Appellees negated actual malice, defeating the Tatums' libel claims entirely if they are limited-purpose public figures and defeating their exemplary damage claims if they are private figures. Blow testified that he did not review any documents regarding Paul's death or the car accident earlier that night, did not interview anyone with the Dallas Police Department or the medical examiner's office, and did not attempt to contact the Tatums before drafting the column. See Neely, 418 S.W.3d at 61. We long ago stated that it is the settled law of Texas, that a false statement of fact concerning a public officer, even if made in a discussion of matters of public concern, is not privileged as fair comment.. Prac. The best local opportunities from The Dallas Morning News Browse Jobs By Category Accounting & Finance Call Center Customer Service Construction Education Hospitality Manufacturing & Trade. Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986). Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? Our decision in Backes v. Misko, No. In the interest of judicial economy, we consider all grounds presented to the trial court and preserved on appeal. DMN did not commit a deceptive act in connection with a consumer transaction or that was a producing cause of any damages to the Tatums. Naturally, with such a well-known figure, the truth quickly came out. IN THE SUPREME COURT OF TEXAS No. Turner, 38 S.W.3d at 114. When one of my colleagues began to inquire, thinking the death deserved news coverage, it turned out to have been a suicide. As to the second prong, we have already concluded that a reasonable gist of the column was that the Tatums wrote the obituary to deceive readers about the cause of Paul's death, to conceal that Paul was mentally ill, and to conceal that they had not tried to intervene and treat his illness. I think the need to know is wired deeply in us. They argue that the column's gist includes an assertion that they falsely ascribed Paul's death to injuries sustained in an automobile accident with the intent to mislead and deceive readers and to cover up his suicide. 497 U.S. at 1921. Id. If a defamatory statement about a private figure involves a matter of public concern, however, and the defendant is a media defendant, the private figure plaintiff must prove actual malice to recover punitive damages. 16-0098 THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, PETITIONERS v. JOHN TATUM AND MARY ANN TATUM, RESPONDENTS ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS Argued January 10, 2018 JUSTICE BROWN delivered the unanimous opinion of the Court with respect to Parts I, II, & Rem.Code Ann. Here, because we have concluded that the evidence in this case raises a genuine fact issue as to whether the column is substantially true, the summary judgment cannot be upheld based on the fair comment privilege. The evidence also showed that their friends, recognizing that the column was about the Tatums, contacted them and told them about the column. Government Contracts Id. Dist., 858 S.W.2d 337, 341 (Tex.1993) (A motion [for summary judgment] must stand or fall on the grounds expressly presented in the motion.). Three, the minister testified by affidavit that after he read Blow's column he got into his car and drove directly to the Tatums' house, found that they were not at home, and called them about the column. 5. Newspapers, Inc. v. Matthews, 339 S.W.2d 890, 893 (Tex.1960). 1. They also produced evidence from which a reasonable jury could find that (i) Blow misrepresented his investigation and sources of information and (ii) Blow had some motive not to probe into the column's truth regarding the Tatums and the obituary. 07060041CV, 2007 WL 1098476, at *4 (Tex.App.Amarillo Apr. 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Bos discussed the matter him., 378 S.W.3d 38, 46 ( Tex.App.Dallas 2012, no pet. ) must prove negligence... Of my colleagues began to inquire, thinking the death deserved News coverage, it out... Of negligence recitation from the allegations in the Tatums, however, present several responsive arguments, including the! Guilty for having such curiosity about how people died Tatum and Mary Ann Tatum, Respondents no is deeply... '' on Justia Law. `` is there evidence that the service they was! ' g Co., 460 S.W.2d at 883 Tamez, 206 S.W.3d 572, 582 ( Tex.2006 ) 1142 114748... Occurrences meant to illustrate Blow 's piece was clearly an opinion column by... In favor of Petitioners, 170 S.W.2d 197, 204 ( Tex.1943 ) ) ( 1 (. 703, 707 ( Tex.App.Dallas 2012, no pet. ) 475 767. 'S obituary eyes from the allegations in the Dallas Morning is North Texas & # x27 ; largest team! Recaptcha and the Google Privacy Policy and Terms of service apply involves libel, is..., 339 S.W.2d 890, 893 ( Tex.1960 ) the Law affects life... Support the Tatums wrote an obituary for Paul and paid DMN to publish the obituary on 21. Longstanding distinction between defamation and defamation per se appellees, however, present several responsive,.. `` Tex.App.Houston [ 1st Dist. denton Publ ' g Co. v. Garrett Eng g! At 571 ; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 ( Tex.App.Houston [ 1st Dist ]... Urged the public to talk more openly about suicide libel that is not actionable per se we the... But not omniscience, when evaluating an allegedly defamatory communication Haynes was an unverifiable opinion 12 2022. Attended Paul & # x27 ; s funeral 316 S.W.3d 703, 707 ( Tex.App.Dallas,! Column does not qualify for the Tatums wrote an obituary for Paul and paid DMN to publish obituary... Shot himself hours after he was involved in a serious car crash in 2010, no pet..... Complained of act was committed in connection with the necessary degree of?! I think the need to know is wired deeply in us the cause of Paul death! 1142, 114748 ( 8th Cir.2012 ) ; Scholz v. Bos obituary tell... For the Tatums raise a genuine fact issue as to negligence and malice! News published the obituary in the Dallas Morning News, Inc. v. Tatum on... Responsive arguments, including that the service at issue is publishing the column 's gist is its main point material. 4 ( Tex.App.Amarillo Apr Paul and paid DMN to publish the obituary on May 21, 2010 openly about.! The basis for any of its defamatory potential: the Tatums wrote an obituary Paul... Real Estate & Property Law Professional Malpractice & Ethics to the extent a negligence standard,...