lack Letter
LRWTexas Court of Appeals, Third District (Austin); Supreme Court of Texas, 2017stubesbozounverifiedsin verificarSkim briefBrief rápido

Warner Bros. Entertainment, Inc. v. Jones

538 S.W.3d 781 (Tex. App.—Austin 2017), aff'd, 611 S.W.3d 1 (Tex. 2020)

A tabloid story about a murder-for-hire plot, and an IIED claim swallowed by defamation

In one lineEn una línea
An IIED claim based on a published story fails as a gap-filler because the gravamen is defamation; the defamation claim itself survived, including under the Defamation Mitigation Act.Un reclamo de IIED basado en una publicación falla como gap-filler porque el fondo es difamación; el reclamo de difamación sí sobrevivió, incluso bajo la Defamation Mitigation Act.
RuleRegla
Where the plaintiff's injury flows from a publication and defamation law provides the remedy, IIED cannot be pleaded alongside it as a gap-filler, and the anti-SLAPP statute requires dismissal of the IIED claim; the Supreme Court of Texas separately held that a lawyer's prompt press release demanding correction can satisfy the Defamation Mitigation Act's request requirement.
Why this case is herePor qué está aquí este caso
On the professor's list because it applies the gap-filler rule to a media case: when the gravamen of the complaint is a false publication, defamation is the remedy and IIED is unavailable, which is the threshold question of the memo. Also the model for a citation with subsequent history.
Procedural posturePostura procesal
Media defendants moved to dismiss a former professional football player's claims under the Texas Citizens Participation Act (the anti-SLAPP statute). The trial court denied the motion. The court of appeals let the defamation and conspiracy claims proceed but dismissed the IIED, malicious prosecution and abuse of process claims; the Supreme Court of Texas affirmed in 2020 on the defamation issues, addressing the Defamation Mitigation Act.

Facts

An online tabloid published a story reporting that a former Dallas Cowboys player had been accused of trying to hire someone to kill a relative. The player’s lawyer issued a press release the same day demanding a retraction; the outlet updated the story. The player sued the outlet, its corporate parents and the reporter for defamation, conspiracy, intentional infliction of emotional distress, malicious prosecution and abuse of process.

Procedural posture

The defendants moved to dismiss under the Texas Citizens Participation Act, which requires the plaintiff to show a prima facie case for each element by clear and specific evidence once the statute applies. The trial court denied the motion. The court of appeals affirmed as to defamation and conspiracy and reversed as to IIED, malicious prosecution and abuse of process. The Supreme Court of Texas granted review on the defamation issues and affirmed in May 2020.

Issue

For this course: whether an IIED claim can proceed when the alleged injury comes from a published story that is also the basis of a defamation claim.

Holding

No. IIED is a gap-filler; the gravamen was defamation, so the IIED claim was dismissed under the anti-SLAPP statute. (Verify the court’s exact language and the pincite in the 2017 opinion.)

Reasoning

The court applied Zeltwanger’s rule that IIED exists only where no other theory of recovery addresses the harm, and treated the publication-based injury as defamation territory, the same move as Draker for a fake online profile.

Rule (own words)

A story that hurts your reputation is a defamation case. You do not get a second tort for the distress the story caused.

Likely follow-upsRepreguntas probables

Why did the IIED claim fail while the defamation claim survived?
Because IIED fills gaps and there was no gap: the alleged harm came from a false publication, which defamation law addresses; the court of appeals dismissed IIED under the TCPA while finding a prima facie defamation case.
What did the Supreme Court of Texas decide in 2020?
That the plaintiff's lawyer's press release shortly after publication amounted to a request for correction under the Defamation Mitigation Act and the outlet's update amounted to a change, so the defamation suit could continue; the Court affirmed and remanded.
How do you cite it in the memo?
Full citation with subsequent history: 538 S.W.3d 781 (Tex. App.—Austin 2017), aff'd, 611 S.W.3d 1 (Tex. 2020); pincite the court of appeals' IIED discussion around page 814 after verifying.

Compare withComparar con: Hoffmann-La Roche Inc. v. Zeltwanger (applies), Draker v. Schreiber (companion)

AssignedAsignado: 2026-10-12, 2026-10-26, 2026-11-02

Read the public opinionLeer la opinión (texto público). SourceFuente: Skim from published summaries and the Supreme Court of Texas's May 8, 2020 orders; read both opinions before citing (the IIED discussion is in the 2017 opinion)..