Texas Supreme Court

Byron D. Neely v. Nanci Wilson, Cbs Stations Group Of…

June 28, 201357 Tex. Sup. Ct. J. 224

Summary

The Texas Supreme Court reversed the appellate court and remanded for further proceedings, holding that Dr. Neely raised a genuine issue of material fact as to the truth of the broadcast’s gist that he was disciplined for operating while taking dangerous drugs, that the official/judicial‑proceedings and fair‑comment privileges do not automatically bar liability, that Neely is not a limited‑purpose public figure, and that negligence remains a factual issue. The dissenting justices argue the broadcast was substantially true and should have been protected.