Joe Dickerson & Associates, LLC v. Dittmar

34 P.3d 995 (2001)

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Nature of the Case

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Facts

D was hired during a child custody dispute to investigate P. During the course of this investigation, D noticed inconsistencies in the way P came to possess certain bearer bonds. D reported the results of his investigation to authorities. P was charged with and convicted of felony theft of these bonds. D publishes a newsletter called 'The Dickerson Report,' which is sent free of charge to law enforcement agencies, financial institutions, law firms, and others. D ran a series of articles in the report under the heading 'Fraud DuJour.' This column included such articles as 'Fraud DuJour -Wireless Cable Investments,' 'Fraud DuJour -Prime Bank Instruments,' and the article at issue here, 'Fraud DuJour -Five Cases, 100%+ Recovery.' D was blowing his own horn and using the newsletter as a marketing tool. P's case was discussed first. D's article detailed how P, who worked as a secretary at a brokerage firm, stole a customer's bearer bonds from her place of employment and cashed them for personal use. In addition, the article described D's investigation of P, the fact that the jury convicted P of theft, and how the court ordered her to pay restitution to the theft victim. This article appears on the front page of The Dickerson Report, mentions P by name, and includes her photograph. P sued D on a number of tort theories including defamation, outrageous conduct, and invasion of privacy by appropriation of another's name or likeness. The trial court granted summary judgment for D on all claims. P appealed. The court of appeals concluded that P raised issues of material fact regarding different aspects of the tort of publication, namely the purpose of the publication and whether the use benefited D. The court reversed the trial court's grant of summary judgment. D appealed.