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This is a tort claiming that a publication as wrongfully casts the Plaintiff in a false light. The tort of false light is not recognized in Texas. Cain v. Hearst Corp., 878 S.W.2d 577, 580-81 (Tex. 1994). Texas permits a similar claim under the tort of defamation.  A plaintiff can bring a similar type of defamation claim when discrete facts, literally or substantially true, are published in such a way that they create a substantially false and defamatory impression by omitting material facts or juxtaposing facts in a misleading way. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 115 (Tex. 2000). But the Plaintiff must prove that publication's "gist" is false and defamatory and the publication is not otherwise privileged. Id. Further information can be found under defamation.

False Light

© 2014 Mark Courtois

© 2020 Funderburk Funderburk Courtois, LLP.   All rights reserved.

Unless otherwise noted, attorneys in the firm are not certified by the Texas Board of Legal Specialization.

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