Neiman-Marcus v. Lait

Facts

Ds are authors of a book entitled 'U.S.A. Confidential.' Ps are the Neiman-Marcus Company, a Texas corporation operating a department store at Dallas, Texas, and three groups of its employees. D stated that some of the “Neiman models are call girls -- the top babes in town with a price of a hundred bucks a night. D alleged that the salesgirls are good, too -- pretty, and often much cheaper -- twenty bucks on the average. They're more fun, too, not as snooty as the models. D also stated that D imports New York models to make a flash at style shows. These girls are the cream of the crop. Oil millionaires toss around thousand-dollar bills for a chance to take them out. 'Neiman's was a women's specialty shop until the old biddies who patronized it decided their husbands should get class, too. D also alleged that the nucleus of the Dallas fairy colony is composed of many D dress and millinery designers, imported from New York and Paris, who sent for their boyfriends when the men's store expanded. Now, most of the sales staff are fairies, too.” When the book was published, there were nine models, 15 of 25 salesmen, and 30 of 382 saleswomen who sued for libel. P, the corporation also joined the suit. Lait (D) moved to dismiss for a failure to state a cause of action. The original complaint, was dismissed, with leave to amend, insofar as it related to the individual plaintiffs for the failure of the individual plaintiffs to specify that they were members of the libeled groups at the time the cause of action is alleged to have arisen, and also that they failed to disclose the numerical size of the groups at such time. Ps amended complaint. D then moved to dismiss the amended complaint as to the salesmen and saleswomen for failure to state a cause of action for libel since it is alleged, no ascertainable person is identified by the words complained of.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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