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Express One International8/22/2001
Justice Morris
In this suit, Express One International, Inc. seeks to recover damages allegedly caused by an e-mail message sent by John T. Steinbeck, a former employee of Express One. Using the screen name "ExpresONE," Steinbeck posted on an internet message board a message containing negative comments about union supporters. Express One immediately denied responsibility for the message and brought claims against Steinbeck for trade name dilution, invasion of privacy, negligence, and conversion. The trial court granted summary judgment in favor of Steinbeck and ordered that Express One take nothing by its claims. Express One appeals the judgment, contending the trial court erred in granting Steinbeck's motion for summary judgment because the motion was not supported by evidence. In the alternative, Express One argues it raised a material fact issue with respect to each of its causes of action. We conclude the trial court correctly rendered summary judgment for Steinbeck. We affirm the trial court's judgment.
I.
Express One International, Inc. employs pilots as part of its airline freight carrier and charter passenger business. In 1998, the pilots participated in a labor representation election. Specifically, the pilots were deciding whether they would join a trade union. The National Mediation Board oversaw the election campaign.
During the course of the campaign, John T. Steinbeck, a former pilot for Express One, posted a message on an internet message board using the screen name "ExpresONE." The complete message read: "For you vocal union supporters, I'd be watching your backs. We know who most of you are who are posting your anti-company propaganda. We're not stupid." Express One monitored the message board and, upon discovering the message, immediately informed both its pilots and the NMB that it was not responsible for the posting.
The Express One pilots voted to join the International Brotherhood of Teamsters. After investigating the possible effect of the e-mail posting on the election, the NMB certified the election results in favor of the union. Express One protested the certification and filed suit against the NMB and the Teamsters union.
When Express One found out it was Steinbeck who authored the anti-union message, it filed this suit against him alleging claims for trade name dilution, invasion of privacy, defamation, and negligence. Express One later dropped its claim for defamation and added a claim for conversion. In its third amended petition, Express One listed its damages as follows: (1) damages related to identifying Steinbeck as the individual who made the posting on the internet message board; (2) damages related to proceedings before the NMB specifically dealing with the posting and its effect on the election process; (3) damages related to proceedings against the NMB specifically dealing with the posting and its effect on the election process; (4) the cost associated with filing the suit; and (5) damages related to the use of "administrative resources" as a result of Steinbeck's posting. Steinbeck responded with counterclaims, including invasion of privacy and abuse of process.
Steinbeck filed a motion for summary judgment challenging each of Express One's claims on both traditional and no-evidence grounds. In response, Express One contended Steinbeck's motion was insufficient because it was not supported by any summary judgment evidence. Express One also filed summary judgment evidence in an attempt to raise material fact issues. The trial court granted Steinbeck's motion and ordered Express One recover nothing. Steinbeck then voluntarily dismissed his counterclaims rendering the summary ju
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