111 results for 'cat:"Anti-SLAPP"'.
J. Dorsey grants the solar homeowner's anti-SLAPP motion to dismiss the solar system installer's defamation claims. The homeowner wrote a negative Google review and filed consumer complaints with the Nevada State Contractors Board and the Nevada Bureau of Consumer Protection after the installer failed to include bird wiring to protect the equipment. The homeowner, under the incorrect presumption that bird wire was included in the contract, made the complaints in good faith, demonstrating that the criticisms are protected by the anti-SLAPP statutes. The installer has established the legal sufficiency of its abuse-of-process claim, which may proceed.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 15, 2024, Case #: 2:23cv2036, NOS: Other Contract - Contract, Categories: anti-slapp, Defamation, Contract
The appeals court upholds the trial court denial of an anti-SLAPP motion that an ex-wife filed in response to her ex-husband's petition for a restraining order. Emails she sent about a lawsuit she planned to file against him were protected by litigation privilege, but others were unrelated and unprotected. However, using the litigation privilege in support of an anti-SLAPP motion to bar his petition for a restraining order would run counter to the purpose of litigation privilege. A restraining order would not limit her access to the judicial process, and preventing him from filing for one would limit his. And he met his prima facie burden of showing that her emails were sufficiently abusive under statute to withstand her anti-SLAPP motion. Affirmed.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: H049873, Categories: anti-slapp, Restraining Order
J. Vaidik finds that the trial court improperly allowed plaintiff's son to invoke the anti-SLAPP defense in defamation claims because the son's accusations that plaintiff committed domestic violence against his mother decades before did not concern a public issue. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: May 8, 2024, Case #: 23A-CT-2178, Categories: anti-slapp, Defamation
J. Delaney finds that the trial court improperly granted an anti-SLAPP motion in a defamation case filed by a politician's wife who claimed that statements on YouTube falsely associated her with communists in Vietnam. The wife did not become a limited purpose public figure simply by carrying a campaign poster one time at a cultural event, and family members of political candidates are not automatically public figures without more purposeful action of their own, so she is not required to show actual malice by the YouTube commenter. At the anti-SLAPP stage, the wife met her burden of showing that the allegation of communist ties was false, had a natural tendency to injure and demonstrated negligence, and the comments were not privileged. Reversed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: May 8, 2024, Case #: G062338, Categories: anti-slapp, Defamation
[Consolidated.] J. McFadden finds that the trial court properly granted the company's motion to dismiss the individual's defamation claim under Georgia's anti-SLAPP law. The individual alleged in a conversion and breach of fiduciary duty action that the company made false statements in responding to an SEC subpoena for records regarding a financial transaction. The alleged statements made by the company related to an official proceeding and concern protected activity. The individual's defamation claim was also untimely. The trial court incorrectly denied the company's request for attorney fees and improperly ordered the company to produce attorney-client privileged communications under a fiduciary duty exception. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 6, 2024, Case #: A24A0268, Categories: anti-slapp, Defamation, Attorney Fees
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[Modified.] [Consolidated.] J. Poochigian fixes two typos with no change in judgment. The trial court improperly granted anti-SLAPP motions to a group of doctors and hospital staff who were sued by a doctor who claimed they interfered with his right to provide care to his patients after admission to the hospital. The actions by hospital doctors and staff that form the basis of his claims did not involve protected activity. Also, issue preclusion does not apply since an earlier lawsuit dismissed by the doctor did not result in any judicial admissions. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: April 25, 2024, Case #: F084700, Categories: anti-slapp, Health Care
[Consolidated.] J. Collins finds that the trial court should have granted all the special anti-SLAPP motions to strike claims that the idea for the television series "Mixed-ish" was stolen. The making of a television series is protected activity, which satisfied the first element of the anti-SLAPP analysis. And the second element was satisfied by the challenger's failure to demonstrate a probability of success on her contract, breach of confidence, interference and misrepresentation claims. The challenger's work showed similarity to "Mixed-ish," but key elements in "Mixed-ish" appeared in the producers' own previous show, "Black-ish," while the "general theme, tone, characters, relationships, settings, and plots demonstrate that the two series are not substantially similar." Reversed in part.
Court: California Courts Of Appeal, Judge: Collins, Filed On: April 23, 2024, Case #: B316971, Categories: anti-slapp, Contract
J. Wiley finds that the trial court properly denied special anti-SLAPP motions on most of a condo resident's defamation claims against his neighbors. The neighbors' emails furthered a personal dispute and did not contribute to a discussion of public issues. They were not sent to the general public, but were confrontational attempts at shaming the condo resident. And homeowners' association debates usually involve private issues, and are not per se connected to public issues. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B317061, Categories: anti-slapp, Defamation
J. Wiley finds that the trial court erred in denying an employer's special motion to strike a former employee's malicious prosecution complaint. The employer cannot be sued for malicious proscution because the former employee faced criminal charges for property destruction only after police conducted their own investigation, fully independent of the employer's. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 18, 2024, Case #: B324368, Categories: anti-slapp, Malicious Prosecution
J. Schock finds the lower court erred in denying anti-SLAPP special motions to dismiss an election technology employee’s conspiracy claim and properly dismissed his defamation and intentional infliction of emotional distress for allegations the Trump Campaign made during the 2020 election campaign. The defendants’ accused the employee of stating he had “made sure” President Trump would not win by taking steps to interfere with the results. A broadcaster continued sharing and tweeting “information that is so vital to understanding the systemic stealing of our election.” The court holds that the Trump Campaign may be responsible for tweets sent by Trump and his son. Therefore, the tweets are remanded for further proceeding and for determination of attorney fees and costs. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: April 11, 2024, Case #: 2024COA35, Categories: anti-slapp, Elections, Defamation
J. Gonzalez finds that the lower court properly dismissed a businessman's SLAPP suit against the AP for reporting on his vicious custody dispute. The article included threatening text messages sent by the businessman threatening to kill his wife, video footage of him doing drugs, and audio of him using racist language. None of the alleged defamatory statements are actionable because they are protected by fair reporting privilege, and are substantially true. The matter shall be remanded for a calculation of mandatory attorney fees. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: April 9, 2024, Case #: 01898, Categories: anti-slapp, Defamation
Per curiam, the Vermont Supreme Court finds the trial court properly struck and dismissed a pro se complaint regarding defamation, libel, false light, and negligence claims against a newspaper and its journalist. The individual argues that the court abused its discretion when the newspaper and its journalist were awarded $14,741.80 in attorney fees and costs under Vermont’s anti-SLAPP statute. When the court ruled on the motion to strike, the fees were mandatory. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-338, Categories: anti-slapp, Defamation, Attorney Fees
J. Christopher finds that the trial court properly denied the law firm's dismissal motion under the Texas Citizens Participation Act in the former client's legal malpractice suit over the alleged failure to protect its lien rights for an electrical substation project. The firm did not show the allegations in the suit involve the exercise of the right to petition, so the TCPA does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 2, 2024, Case #: 14-22-00741-CV, Categories: anti-slapp, Legal Malpractice
[Consolidated.] J. Poochigian finds that the trial court improperly granted anti-SLAPP motions to a group of doctors and hospital staff who were sued by a doctor who claimed they interfered with his right to provide care to his patients after admission to the hospital. The actions by hospital doctors and staff that form the basis of his claims did not involve protected activity. Also, issue preclusion does not apply since an earlier lawsuit dismissed by the doctor did not result in any judicial admissions. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: March 27, 2024, Case #: F084700, Categories: anti-slapp, Health Care
J. Breyer dismisses claims from X Corp, formerly Twitter, alleging that the nonprofit published data on how much harmful content is on X in order to stop advertisers from working with the platform, which X claims cost it tens of millions in lost ad revenue. X Corp has not shown how the watchdog group is responsible for any alleged lost revenue stemming from the published data and its claims appear to be aimed only at "punishing" the nonprofit for its free speech.
Court: USDC Northern District of California, Judge: Breyer, Filed On: March 25, 2024, Case #: 3:23cv3836, NOS: Other Contract - Contract, Categories: anti-slapp, Privacy, Contract
J. Clark finds that the trial court correctly dismissed a special motion to dismiss based on anti-SLAPP legislation brought by the defendant in a case regarding unpaid rent. The judge ruled that the defendant’s claims in the motion do not relate to his freedom of speech and therefor do not fall under the protections of the Anti-SLAPP law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 22, 2024, Case #: AC46942, Categories: anti-slapp, Landlord Tenant, First Amendment
J. Parraguirre finds the district court properly denied the county's anti-SLAPP special motion to dismiss. The county opened an investigation into a residential property reported as being used as a short-term rental and party house. The county recorded a lien against the property after violations were found and penalties of more than $38,000 were not paid. After the owner paid the penalties in full, he filed suit alleging the county lacked authority to impose the civil penalties and to record liens against the property. The relevant statute unambiguously defines "person" to exclude government entities. The county is not a "person" for purposes of the anti-SLAPP statute and is not entitled to evoke the statute. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre , Filed On: March 14, 2024, Case #: 85185, Categories: anti-slapp, Civil Procedure, Government
J. Zimmerer finds that the trial court should have dismissed the homeowner's direct defamation claims against the homeowners' association (HOA) pursuant to the Texas Citizens Participation Act. The homeowner failed to establish a prima facie case of defamation against the HOA since she gave no evidence that it "published any statements about her." Reversed in part.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 7, 2024, Case #: 14-23-00509-CV, Categories: anti-slapp, Defamation
J. Kamins finds the trial court erred in ruling that an ex-wife's comments that her ex-husband had abused her were of public interest and thus fall under the protection of the anti-SLAPP statute. “Unchallenged evidence of a waiver of the rights protected by the anti-SLAPP statute can satisfy a plaintiff’s burden to defeat an anti-SLAPP motion once a defendant has satisfied the burden at the first step.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178568, Categories: anti-slapp
J. Kamins finds the trial court properly denied an individual's anti-SLAPP motion to strike. The court’s ruling was proper only as it relates to “plaintiffs’ claims arising out of the ‘barrage’ of text messages, conduct that had no connection to furthering defendant’s right to free speech.”
Court: Oregon Court of Appeals, Judge: Powers, Filed On: March 6, 2024, Case #: A177873, Categories: anti-slapp
[Consolidated] J. Stiglich finds the district court properly dismissed the employee's claims against her employer after she was acquitted from charges of embezzling from the casino. Statements the casino's auditor made to its board of directors regarding the possible embezzlement are protected as matters of public concern, and the court properly dismissed under the anti-SLAPP statute. The statements were not idle gossip, and though the casino is not a public workplace, the employee's alleged actions would likely affect the casino's clientele and people within the community. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 1, 2024, Case #: 85144, Categories: anti-slapp, Employment
J. Kafker finds that it is correct to allow a university’s special motion to dismiss various claims brought by a developer against the university for intending to build a dormitory on a sub-parcel of land where it originally planned to build a hotel with the developer. The university attempted to advance the hotel project multiple times with the developer unsuccessfully before moving forward to benefit itself by creating a dormitory instead. Affirmed.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: February 29, 2024, Case #: SJC-13405, Categories: anti-slapp, Real Estate, Contract
J. Tijerina finds that the lower court properly denied the real estate broker's motion to dismiss the defamation countersuit filed by the board of directors for a realtor association. The appellant failed to show that the Texas Citizens Participation Act applied to the countersuit. Accordingly, the ruling to deny his dismissal motion was appropriate. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: February 29, 2024, Case #: 13-23-00176-CV, Categories: anti-slapp, Civil Procedure, Defamation
J. Houston grants San Diego State University's anti-SLAPP motion to strike the student's state claims over disciplinary measures that were taken against him alleging that he participated in fraternity hazing. The negligence claims fail because the disciplinary charges were dropped with no negative remarks on his transcript and the student was able to graduate, so he did not suffer damages. His emotional distress claim fails because he provides only conclusory statements to support his allegations.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 28, 2024, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: anti-slapp, Negligence, Emotional Distress
J. Garcia finds that the lower court properly granted the appellee homeowner's dismissal motion filed pursuant to the Texas Citizens Participation Act in this case alleging defamation, abuse of process and malicious prosecution. The claims related to the appellee's right of free speech, as her communications "were made in connection with a matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: February 22, 2024, Case #: 05-23-00343-CV, Categories: anti-slapp, Civil Procedure, Defamation
J. Blacklock finds that the court of appeals improperly ruled against a newspaper publisher in a defamation case brought by a local prosecutor. The prosecutor alleged in his complaint that the newspaper falsely accused him of assisting in the wrongful prosecution of an individual. Both the trial court and court of appeals denied the newspaper’s attempt to have the case dismissed under the Texas Citizens Participation Act. Even if the article is not entirely accurate, the “gist” of it is true and is therefore protected and the case should have been dismissed. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 16, 2024, Case #: 22-0103, Categories: anti-slapp, Defamation
J. Deahl upholds the lower court's award of $500,000 in attorney fees to a journal and author who succeeded on their Anti-SLAPP motion after a Stanford professor sued them for defamation for writing an article that criticized his research. The journal and author are considered prevailing parties, as the record shows it was the lower court's hint it was planning to dismiss the suit following the Anti-SLAPP motion that led the professor to voluntarily dismiss his case two days later. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: February 15, 2024, Case #: 22-CV-0523 , Categories: anti-slapp, Defamation