D Magazine Partners, L.P. v. Rosenthal (Opinion)Annotate this Case
D Magazine published an article that identified Janay Rosenthal as someone who “has figured out how to get food stamps while living in the lap of luxury.” Rosenthal sued D Magazine for defamation and other causes of action. The trial court granted the magazine’s motion to dismiss as to Rosenthal’s statutory claims but denied it as to the defamation claim, concluding that Plaintiff had established a prima facie case of defamation. The court of appeals affirmed. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) Rosenthal presented sufficient evidence in support of the defamation elements to survive D Magazine’s motion for early dismissal, and therefore, dismissal of the claim under the Texas Citizens Participation Act was not warranted at this stage of the proceedings; and (2) the trial court erred in failing to award the magazine attorney’s fees in light of its dismissal of other claims.