Richard Malouf, Dallas Dentist Accused of Fraud, Wins Restraining Order Against WFAA

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Candy Evans
Last week, Richard Malouf, the Dallas dentist accused of massive Medicaid fraud, sued WFAA, Owen Wilson's mom and real estate blogger Candy Evans, accusing them all of libel, defamation, slander and invasion of privacy.

Malouf and wife, Leanne, still in the midst of being investigated by the state of Texas, appear to be building an amusement park in their backyard. They were not excited that Evans had snapped photos of the construction and that WFAA used those photos. They also allege that the station hovered a news choppers above the couple's Strait Lane home and interrupted some unspecified legal proceedings involving their son.

The Maloufs wanted a temporary restraining order against Evans and WFAA, and on Friday, as Courthouse News first reported, they got it.

Judge Sally Montgomery of Dallas County Court at Law No. 3 issued the TRO, which prevents Evans, WFAA's Byron Harris, and anybody else at WFAA from "physically invading or entering onto" the Malouf's property. They're also prohibited from taking video images or stills of the residence; the order was amended by hand to clarify that that includes "overhead" shots. Like, say, from a helicopter. Laura Wilson, Malouf neighbor and mother of the Wilson boys, did not have a restraining order issued against her.

Another part of the order, which would have kept Evans and WFAA from coming with 50 feet of the property, has been crossed out by hand. Also crossed out: a rule stating that Evans and WFAA could not "physically interact [with], confront, touch or approach" the Maloufs, their children, employees or guests.

So "physically interacting" with the Maloufs is back on the table, we guess. Although we probably wouldn't recommend it. They seem pretty mad. The next hearing in the case is set for November 1. Evans has filed a motion to dismiss the case against her on First Amendment grounds, on which the judge hasn't yet ruled.

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5 comments
scottindallas
scottindallas topcommenter

POW.  At least innocent until proven guilty is still worth something.  I mean we've discarded habeas corpus, the Constitutional process for treason, mass warrant-less wiretaps, preemptive war, prohibitions against debtor's prisons, anti-trust laws, regulation of utilities, personal injury law, and fiduciary duty. 

halldecker
halldecker

To put it gently,  Sally is crazy as a shithouse rat!  

 

Invasion of privacy is one thing.   Telling the media they can't shoot something in plain sight,  readily visible,   is classic prior restraint.  And violates the First Amendment. 

 

Story is wrong on procedure,  a Temporary Restraining Order is granted,   often without notice to the other side,  it requires a Hearing within ten days,  otherwise it expires. 

 

Appears what Crazy Sally signed is a Temporary Injunction after Hearing.  It stays in effect until the trial,  with the backlog of cases in her Court that's a couple years.

 

Q is whether Belo will appeal to the 5th District Court of Appeals,  all Republicans,  in the Allen Courthouse,   or go directly to US District Court to have the Injunction lifted.

 

 

 

 

Anna_Merlan
Anna_Merlan

 @halldecker Actually, the temporary restraining order specifically says that the hearing on the temporary injunction will be November 1.

 

Pretty sure we've got this straight as is. But let me know if I've got it wrong and I'll correct. 

 

 

halldecker
halldecker

 @Anna_Merlan Knowing Sally,   having had cases in her Court,  my guess is she extended the TRO,  or maybe granted it the first time this week,  with her you never know,  set or reset the Hearing for November 1.  What I posted is the correct procedure,  TRO,  often without notice to the other party,  After Hearing within 10 days either a Temp Inj is granted till trial,  or the TRO is dissolved.  Lord knows what she did.

 

 

 

Anna_Merlan
Anna_Merlan

 @halldecker Huh. That's odd. Which is fitting, since so is every single other thing about this lawsuit. 

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