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

Summary

The Texas Supreme Court held that, under Texas law, exemplary damages are not recoverable in a libel case when the jury finds no actual damages, and that the record does not contain clear and convincing evidence that Doubleday acted with actual malice. Accordingly, the Court reversed the Court of Appeals and affirmed the trial court's take‑nothing judgment. Justice Ray dissented, arguing that actual malice was proven and that exemplary damages should be available in libel per se cases, while Justice Kilgarlin concurred in part and dissented in part, agreeing with the majority on actual malice but supporting recovery of exemplary damages against the author.