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Joel G. Porter v. People Magazine Time, Inc., Time Inc Books d/b/a People Magazine and Anne Lang and Steve Helling (in their individual and official capacities with People Magazine and Time Inc. Books and Time, Inc.)
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JOEL G. PORTER NO. 2019 CW 1134 PAGE 1 OF 2 VERSUS
PEOPLE MAGAZINE TIME, INC., TIME SEPTEMBER 23, 2019 INC. BOOKS D/ B/ A PEOPLE MAGAZINE AND ANNE LANG AND STEVE HELLING ( IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES WITH PEOPLE MAGAZINE AND TIME INC. BOOKS AND TIME, INC.)
In Re: Time Inc. and Steve for Helling, applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 644, 603.
BEFORE: WHIPPLE, C. J., WELCH, CRAIN, PENZATO, AND LANIER, JJ.
WRIT GRANTED. The district court' s April 8, 2019 ruling denying the Defendants, Time Inc and Steve Helling' s, Special Motion to Strike is reversed. A cause of action against a
person arising from any act of the t person in furtherance of the person' s right of petition or ree speech under the United States or Louisiana Constitution in connection with a public
issue shall be subject to a speci< 1 motion to strike, unless the court determines that the p aintiff has established a
probability of success on the cl aim." La. Code Civ. P. art. 971 ( A) ( 1) . If the mover on a sp, cial motion to strike makes a prima facie showing that his c mments were constitutionally protected and in connection wit] a public issue, the burden shifts to the plaintiff to demons rate a probability of success on the claim. Shelton v. Pavon, 2017- 0482 ( La. 10/ 18/ 17), 236 S0. 3d 1233, 1237. If the plaintiff can demonstrate a
probability of success on of his then the any claims, special motion to strike must fail. Id. Time Inc. and Steve Helling successfully demonstrated that t Leir statements were made in furtherance of their First Amend: lent rights and in connection with a public issue. See Cox B= Dadcasting Corp. v. Cohn, 420 U. S. 469, 492, 95 S. Ct. 1029, 1045, 43 L. Ed. 2d 328 ( 1975) holding crime is an issue of pub] is interest); see also Johnson v. KTBS, Inc., 39, 022 ( La. App. 2d Cir. 11/ 23/ 04), 889 So. 2d 329, 334, writ denied, 2004- 3192 La. 3/ 11/ 05), 896 So. 2d 68; Breen v. Holmes, 2016- 1591 ( La. 1st App. Cir. 12/ 7/ 17), 236 So. 3d 632, 637. The burdpn then q} 1l ft PH - to , Tnal (_` D.- +- or +--
aemonstrate probability of success on the merits. Joel G. Porter failed to submit any evidence to demonstrate a probability of success on the merits. "[ A] rgument of counsel and briefs, no matter how artful, are not evidence." Regan v. Caldwell, 2016- 0659 ( La. App. 1st Cir. 4/ 7/ 17), 218 So. 3d 121, 128, writ denied, 2017- 0963 ( La. 4/ 6/ 18), 239 So. 3d 827. Failure to produce supporting affidavits or otherwise competent evidence is insufficient to overcome a special motion to strike. Id. Therefore, Joel G. Porter failed to demonstrate a
probability of success on the merits as to his claims against Time Inc, and Steve Helling. As such, Time Inc. and Steve Helling' s Special Motion to Strike is hereby granted, and all claims against Time Inc. and Steve Helling are dismissed with prejudice.
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
NO. 2019 CW 1134 PAGE 2 OF 2
Louisiana Code of Civil Procedure article 971 ( 13) provides that, in any action subject to paragraph ( A) of this Article, a
prevailing party on a special motion to strike shall be awarded reasonable attorney fees and costs. This matter is remanded to the district court for a determination of the amount of
reasonable attorney fees and costs to be awarded to the defendants, Time Inc. and Steve Helling.
VGW AHP WIL
Welch, J., dissents and would deny the writ application.
Crain, J., dissents and would not consider the writ application at this time on an expedited basis.