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.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT