Legal Opinion

Joseph E. Hancock v. Easwaran P. Variyam

Texas Supreme Court

Decided May 17, 2013No. 11-0772PublishedCited by 235 opinions

1Opinion of the CourtJustice Guzman

In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se in the context of statements that relate to one’s profession. While a defamatory statement is one that tends to injure a person’s reputation, such a statement is defamatory per se if it injures a person in her office, profession, or occupation. 1 The common law deems such statements so hurtful that the jury may presume general damages (such as for mental anguish and loss of reputation). Here, in a letter sent to colleagues and others, a physician accused a fellow…

2Cases cited24 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.Supreme Court of the United States · 1985
  4. Parkway Co. v. WoodruffTexas Supreme Court · 1995
  5. Time, Inc. v. FirestoneSupreme Court of the United States · 1976

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3Cited by235 opinions

  1. In re LipskyTexas Supreme Court · 2015
  2. Allen Chadwick Burbage v. W. Kirk Burbage and Burbage Funeral HomeTexas Supreme Court · 2014
  3. Waste Management of Texas, Inc. v. Texas Disposal Systems Landfill, Inc.Texas Supreme Court · 2014
  4. Rahul K. Nath, M.D. v. Texas Children's Hospital and Baylor College of MedicineTexas Supreme Court · 2014
  5. the Dallas Morning News, Inc. and Steve Blow v. John Tatum and Mary Ann TatumTexas Supreme Court · 2018

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