An ongoing lawsuit between The Dallas Express and another local news publication that published false and defamatory allegations took an interesting turn recently after an opposing lawyer made false statements to the Texas Supreme Court.

The case, currently before the Supreme Court, began after The Dallas Express and its publisher, (“Petitioners”), the Dallas Weekly, aka DW, for running an article littered with falsehoods and libelous statements. The article was authored by local blogger Steven Monacelli.

Thomas Leatherbury Leaves Vinson & Elkins

Monacelli and DW (“Respondents”), represented by Thomas Leatherbury, formerly of the prestigious Vinson & Elkins law firm, filed a motion to dismiss, which the trial court denied. Respondents then appealed the trial court’s decision to the Twelfth Judicial District Court of Appeals, which reversed the trial court’s decision. Leatherbury left Vinson & Elkins after beginning his representation of the case. It’s not clear whether or not he left voluntarily.

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The Petitioners then turned to the Supreme Court of Texas for relief. In Petitioners’ appeal to the Supreme Court, their attorneys explained that the blogger “attacked and smeared both The Dallas Express and … its publisher.”

“Without regard for the truth and with no factual support,” Respondents maligned The Dallas Express.

Mr. Leatherbury Repeatedly Made Disprovable Statements

In the response to Petitioners’ claims, Mr. Thomas Leatherbury repeatedly made easily disprovable statements to the Texas Supreme Court, apparently not concerned with his or his firm’s reputational status. A white male, Leatherbury, in the course of these proceedings, has been called a racist for alleged discrimination against Hispanics.

Petitioner and Respondents now wait upon the Texas Supreme Court as it determines whether or not to formally hear the case.