McCLEARY v. NEXSTAR MEDIA GROUP

Citations

• 2025 OK CIV APP 40

Syllabus

¶1 Nexstar Media Group, Inc. (\Nexstar\) appeals the trial court's December 3, 2024, Order denying Nexstar's Motion to Dismiss under the Oklahoma Citizen's Participation Act (\OCPA\). McCleary brought suit against Nexstar for defamation, after Nexstar undisputedly but mistakenly ran his photograph in a news segment concerning a different Christopher McCleary in Texas, who had been charged with sex trafficking. In its Motion, Nexstar asserted that McCleary failed to establish by clear and specific evidence the element of fault amounting to at least negligence to support his defamation claim, because McCleary had not presented expert testimony. The trial court found McCleary met this threshold showing and that the evidence presented raised questions of fact on the issue of Nexstar's fault. Based on our review of the briefs and appellate record, we affirm the trial court's Order.