Reynolds v. Murphy

OPINION ON REHEARING

TERRIE LIVINGSTON, Justice.

After reconsidering our prior opinion on appellant Ernest Reynolds Ill’s motion for rehearing and request for rehearing en banc, we deny the motion and request for rehearing en banc, but we withdraw our July 14, 2005 opinion and judgment and substitute the following in their place in order to clarify and correct parts of our original opinion.1

Introduction

This case of first impression involves the potential liability of an author and publisher of an investment-related *257newsletter to a subscriber who alleges that he incurred losses as a result of…