- 25 - As there is no general Federal common law of torts, nor controlling definitions in the tax code, we must look to State law to analyze the nature of the claim litigated. Burnet v. Harmel, 287 U.S. 103, 110 (1932) (State law creates legal interests; Federal law determines when and how to tax). Petitioner's personal injury suit was for libel, a defamation action. All defamatory statements (whether libel or slander) attack a person's good name.14 See MacFadden Publications, Inc. v. Wilson, 121 S.W.2d 430 (Tex. Civ. App. 1938). Whether the defamatory attack is on the personal reputation or the professional reputation of the individual, the defamation is personal in nature. Gulf At. Life Ins. Co. v. Hurlbut, 696 S.W.2d 83, 96-97 (Tex. App. 1985) (the action of defamation is to protect the personal reputation of the injured party, whereas the action for injurious falsehood or business disparagement is to protect the economic interests of the injured party against pecuniary loss), revd. and remanded on other 14 Texas law provides the following: A libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or that tends to injure a living person's reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person's honesty, integrity, virtue, or reputation or to publish the natural defects of anyone and thereby expose the person to public hatred, ridicule, or financial injury. [Tex. Civ. Prac. & Rem. Code Ann. sec. 73.001 (West 1997).]Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011