Review granted in 'Donohoo v. Action Wisconsin, Inc.'

(2006AP396)

This case involves a defamation lawsuit and the process to be followed when an appellate court reviews a circuit court's findings of frivolousness.

Some background: In February 2004, Grant E. Storms, a pastor in a Louisiana church and an opponent of gay rights, filed a defamation suit against Action Wisconsin, Inc. and Christopher Ott. Storms accused Action Wisconsin and Ott of posting a press release on its Web site that suggested Storms advocated the murder of gay people.

Attorney James Donohoo, on behalf of Storms, sent a letter to Action Wisconsin President Timothy O'Brien, asking for a retraction and to have the press release, issued by Christopher Ott, taken off the Web site. Donohoo filed the defamation suit after getting no response. Attorneys for Action Wisconsin told Donohoo the lawsuit was frivolous, and that Donohoo could face sanctions for filing a frivolous lawsuit. Action Wisconsin argued that because Storms was a public figure, he would have to show proof of malice and that his reputation was damaged.

The circuit court, which dismissed the defamation suit, said Donohoo failed to present sufficient evidence to meet his burden to prove Wisconsin Action's press release was false and malicious. That decision was not appealed, but Storms filed a motion for reconsideration, and Action Wisconsin filed a motion seeking costs and attorney fees.

The circuit court denied the motion for reconsideration, but granted the motion seeking costs and attorney fees, which added up to more than $87,000. The Court of Appeals reversed. [in an unpublished opinion]

A decision by the Supreme Court could clarify Court of Appeals’ standard of review in deciding frivolousness and the appropriate analysis of "actual malice." Justice Annette Kingsland Ziegler did not participate. From Milwaukee County.