Doubleday & Company, Inc., Petitioners v. Dr. N. Jay Rogers, Respondent

Summary

The Texas Supreme Court affirmed the trial court’s take‑nothing judgment, holding that exemplary damages are unavailable in a libel per se action when the plaintiff proves no actual damages, and that there was no clear and convincing evidence of actual malice by Doubleday in publishing the false footnote. The Court relied on Texas precedent and the New York Times actual‑malice standard. Justice Ray dissented, arguing that exemplary damages should be allowed and that actual malice was proven; Justice Kilgarlin concurred in the judgment but agreed with the dissent on the exemplary‑damages issue.