Dillard Department Stores, Inc., Petitioner v. Lyndon Silva, Respondent

Summary

The Texas Supreme Court affirmed the judgment after finding sufficient evidence of false imprisonment and awarding actual damages, but held that the evidence did not meet the clear‑and‑convincing standard for malice, so it deleted the exemplary‑damages award. The court applied the pre‑2003 definition of malice and concluded Dillard’s detention was unreasonable under the shopkeeper’s privilege.