Dean Huckabee, Petitioner v. Time Warner Entertainment Company L.p., Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals' grant of summary judgment to HBO, holding that the plaintiff, a public official, failed to produce any evidence raising a genuine issue of material fact as to actual malice. The Court reiterated that a defendant may obtain summary judgment by conclusively negating actual malice, and that the clear‑and‑convincing standard applies only at trial, not at the summary‑judgment stage. Justice Hecht dissented, arguing that the plaintiff should be required to meet the clear‑and‑convincing standard even on summary judgment and would remand the case.