Bell Nunnally recently secured the complete dismissal of claims against clients Dr. Miguel Ortiz, DMD, Prosthodontist, and his dental practice. Kenneth Wilstead a/k/a “Dr. Kenny Smiles” sued Dr. Ortiz for business disparagement and invasion of privacy stemming from a series of Instagram live videos in which Dr. Ortiz invited Wilstead to a debate regarding Wilstead’s use of allegedly unethical and extreme orthodontic procedures. Based on publicly available information, the Bell Nunnally team, led by Partner Brent A. Turman and Associate Laura K. Lavernia, rebutted Wilstead’s claims by informing the court of a likely and entirely unrelated basis for why Wilstead’s business had declined: his character and practices had been called into question by certain of his current and prospective female patients, including allegations of sexual harassment and degrading interactions.
The Bell Nunnally team filed a Chapter 27 Anti-SLAPP Motion to Dismiss, which the Court granted in its entirety following a lengthy evidentiary hearing in Dallas County. After the Judge’s order, Wilstead also paid all attorneys’ fees incurred by Dr. Ortiz and his practice. Additional information is publicly available and can be accessed through the Dallas County, Texas Courts Portal (Cause No. DC-23-17237).