United States Fifth Circuit

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Nationwide Bi-Weekly Admin., Inc. v. Belo Corp., 06-11283

In an action raising defamation and related claims arising from an article published in the Dallas Morning News criticizing a particular mortgage program offered by plaintiff, grant of defendants' motion to dismiss is affirmed where: 1) the district court did not abuse its discretion by considering defendants' Rule 12(b)(6) motion; and 2) the statute of limitations barred the claims at issue. The circuit court holds that the Texas Supreme Court would likely adopt the single publication rule for Internet publications and rejects plaintiff's advocated "continuous publication rule".

Appellate Information

  • Decided 12/21/2007
  • Published 12/26/2007

Judges

  • DeMOSS, Circuit Judge:, Before DeMOSS, DENNIS and OWEN, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Martha Hardwick Hofmeister, Derek D. Rollins, Shackelford, Melton & McKinley, Dallas, TX, Barbara Bison Jacobson (argued), Vorys, Sater, Seymour & Pease, Cincinnati, OH, for Plaintiff-Appellant.

  • For Appellees:
  • Paul Christopher Watler (argued), Jackson Walker, Dallas, TX, for Defendants-Appellees.