Marlow, LLC v. BellSouth Telecomms., Inc., No. 11-60394 (5th Cir. 2012)Annotate this Case
In this diversity suit, a landowner sought injunctive and compensatory relief from a telephone company for a trespass and for slandering its title to certain property. The district court granted summary judgment to the telephone company. The Fifth Circuit Court of Appeals affirmed in part, reversed in part, and remanded for further proceedings, holding (1) the district court erred in concluding that the telephone company had a constructive license across the property; (2) the district court incorrectly dismissed the landowner's claim for compensatory damages; and (3) summary judgment against the landowner's claims for slander of title and punitive damages was appropriate.