Appellate Law
Effective appellate advocacy has been a hallmark of Mr. Watler's legal career. His appellate cases range from media litigation to aviation, oil and gas, banking, securities, commercial law, and criminal defense. He has argued winning cases in the Texas Supreme Court, the U.S. Fifth Circuit Court of Appeals and intermediate state appellate courts across Texas. In addition to the Texas Supreme Court, Paul is admitted to practice before the U.S. Supreme Court, the Third, Fifth and Tenth Circuit Courts of Appeal.
Examples of appellate cases or published opinions in cases handled by Mr. Watler include the following:
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Nguyen v. The Dallas Morning News, L.P. et al., 2008 WL 2511183 (Tex. App.—Fort Worth June 19, 2008). Diocesan records of alleged sexual misconduct by a Catholic priest filed with court ordered unsealed under Tex.R.Civ.P. 76a.
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Texas Comptroller of Public Accounts v. Attorney General of Texas, 244 S.W.3d 629 (Tex.App.—Austin, January 17, 2008, pet. pending). Privacy case affirming right to access dates of birth of public employees.
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Nationwide Bi-Weekly Administration, Inc. v. Belo Corp., et al., 512 F.3d 137, 36 Media L. Rep. 1065 (5th Cir. 2007). Single publication rule can be used to bar libel claims against Internet publishers on limitations grounds.
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Belo Corp. v. Publicaciones Paso Del Norte, S.A. De C.V., 243 S.W.3d 152 (Tex.App.—El Paso, September 20, 2007). Interlocutory appeal of denial of defendants' motion for summary judgment in newspaper vs. newspaper libel case. Reversed, and summary judgment granted to defendants on absence of malice issue.
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KENS-TV, Inc. v. Farias, 2007 WL 2253502 (Tex.App.—San Antonio, August 8, 2007). Libel suit by Democratic candidate for state representative against Republican opponent and broadcasters. Interlocutory appeal of denial of defendants' motion for summary judgment; reversed and summary judgment granted to defendants.
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Epstein v. Gray Television, Inc., 474 F.Supp. 835 (S.D. Tex. 2007); companion opinion, 2007 WL 295632. Opinions on personal jurisdiction and venue in media libel case over "bad medicine" news reports. Case non-suited by plaintiff-physician after venue transfer to South Carolina.
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Humane Soc. of Dallas v. Dallas Morning News, L.P., 180 S.W.3d 921 (Tex.App.—Dallas 2005). Summary judgment affirmed for medial libel defendants.
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Revell v. Lidov, 317 F.3d 467 (5th Cir. 2002). Dismissal affirmed of Internet libel case for lack of personal jurisdiction over defendants.
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Crumrine v. Harte-Hanks Television, Inc., 37 S.W.3d 124 (Tex.App.—San Antonio 2001). Police officer plaintiff contended privacy was invaded by news report that revealed his HIV-positive status. Summary judgment affirmed for defendants.
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Ford v. City of Huntsville, 242 F.3d 235 (5th Cir. 2001). Federal district must consider state open records law before sealing workplace discrimination case by female police officer.
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Legend Airlines, Inc. v. City of Fort Worth, 23 S.W.3d 83 (Tex.App.—Fort Worth 2000). Federal Airline Deregulation Act preempted state law attempts to limit interstate passenger service at Love Field in Dallas.
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City of Garland v. Dallas Morning News, 22 S.W.3d 351 (Tex. 2000). Establishing the right of journalists under the state freedom of information law to obtain governmental records.
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Brown v. Wilson County, 1999 WL 33290666 (W.D.Tex.). Defendants' motions to dismiss granted following plaintiffs' dismissal of client.
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In re Continental Airlines, Inc., 988 S.W.2d 733 (Tex. 1998). Venue in declaratory judgment/injunction case.
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WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568 (Tex. 1998). First Texas Supreme Court opinion establishing definition of "public figure" in a libel case. One of the most frequently cited defamation decisions in Texas law. Arose out of breaking news coverage of "Branch Davidian" shoot-out in Waco.
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Orozco v. Dallas Morning News, Inc., 975 S.W.2d 392 (Tex.App.—Dallas 1998). Newspaper had not duty to refrain from publishing accurate account of gang suspect's arrest and could not be liable on negligence theory for retaliatory shooting. First Amendment considerations weigh heavily in favor of publisher.
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U.S. v. McVeigh, 119 F.3d 806 (10th Cir. 1997). Media consortium challenge to sealed court records in Oklahoma City bombing trial.
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U.S. v. Robinson, 119 F.3d 1205 (5th Cir. 1997). Reversing sentence of criminal defendant in Hobbs Act robbery case. (CJA appointment).
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Morris v. Dallas Morning News, Inc., 934 S.W.2d 410 (Tex.App.—Waco 1996). Summary judgment affirmed for newspaper libel defendants in suit by police officers.
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Brown v. Hearst Corp., 54 F.3d. 21 (1st Cir. 1995). Summary judgment affirmed for defendants in media libel case following venue transfer from N.D. Tex. (Watler counsel in Texas).
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Houston Chronicle Pub. Co. v. Crapitto, 907 S.W.2d 99 (Tex.App.—Hou. [14 Dist.] 1995). First Amendment right of news media to open court in high-profile criminal trial.
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Upjohn Co. v. Freeman, 906 S.W.2d 92 (Tex.App.—Dallas 1995). Rule 76a sealing of court records.
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Rogers v. Dallas Morning News, Inc., 889 S.W.2d 467 (Tex.App.—Dallas 1994). Summary judgment affirmed for media libel defendants.
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Thigpen v. Sparks, 983 F.2d 644 (5th Cir. 1993). Application of Doench Duhme doctrine to state law breach of warranty banking claim.
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Dallas Morning News Co. v. Board of Trustees of Dallas Independent School Dist., 861 S.W.2d 532 (Tex.App.—Dallas 1993). Texas Open Meetings Act suit.
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Dallas Morning News v. Fifth Court of Appeals, 842 S.W.2d 655 (Tex. 1992). Rule 76a sealing of court records.
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Lewis v. A.H. Belo Corp., 818 S.W.2d 856 (Tex.App.—Fort Worth 1991). Affirming summary judgment for newspaper libel defendants.
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Dallas Morning News v. Garcia, 822 S.W.2d 675 (Tex. App.—San Antonio 1991). First reported decision in Texas recognizing First Amendment privilege for journalists to refuse to disclose identity of confidential news sources in libel case.
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Matter of Dallas Morning News Co., 916 F.2d 205 (5th Cir. 1990). First Amendment right of news media to open court during jury selection in high-profile criminal trial.
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Buffalo Ranch Co., Ltd. v. Thomason, 727 S.W.2d 331 (Tex.App.—Hou. [1 Dist.] 1987). Dispute over oil and gas royalties.
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Kneeland v. National Collegiate Athletic Ass'n, 806 F.2d 1285 (5th Cir. 1987). Texas Open Records Act case.
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A.H. Belo Corp. v. Southern Methodist University, 734 S.W.2d 720 (Tex.App.—Dallas 1987). Texas Open Records Act case.
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