9 results for 'cat:"Anti-SLAPP" AND cat:"Contract"'.
[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. 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. 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. Wise finds that the trial court properly denied the dismissal motion under the Texas Citizens Participation Act (TCPA) for a suit involving allegations that a lender was tricked into providing various parties millions of dollars for "bogus transactions" to purchase personal protective equipment during the Covid-19 pandemic. The TCPA does not apply since the claims do not involve the right of association and "concern only private transactions between private parties." Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: January 9, 2024, Case #: 14-22-00244-CV, Categories: anti-slapp, Fraud, contract
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J. Stiglich finds the district court improperly denied the computer code owner's special anti-SLAPP motion to dismiss. An industrial software developer says that computer code in the owner's possession belongs to it, being that it purchased the originator company of the code after the owner had invested in the originator to purchase the license. The special motion to dismiss requires the court to focus on the owner's communications rather than the form of the claims and the district court applied an incorrect standard in evaluating the claims. The CEO has demonstrated that the claims are based on good faith communications connected with issues of public concern. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 30, 2023, Case #: 84679, Categories: anti-slapp, contract, Technology
J. Markle finds that the trial court improperly denied the association's motion to dismiss the nightclub's breach of contract action arising after the association opposed its application for a special use permit to build an outdoor deck. The trial court incorrectly found that the anti-SLAPP statute did not apply in this case and that there was a probability the nightclub would prevail on its claims. The association's activity in opposition to the permit was in front of a municipal legislative body and was protected under the statute. The agreement between the parties in which the association pledged to support the nightclub's zoning applications for development did not obligate the association to support all of the nightclub's proposed renovations. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: October 26, 2023, Case #: A23A0955, Categories: anti-slapp, contract
J. Grimes holds that the trial court properly denied an anti-SLAPP motion to strike a contract action over the development and production of the television show Bling Empire. Defendants filing the motion did not demonstrate a functional relationship between their decision not to hire or pay an individual as an executive producer and the furtherance of free speech in connection with public interest in the subject of the show. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: September 13, 2023, Case #: B326887, Categories: anti-slapp, contract
J. Hassan finds that the lower court properly denied the attorneys' dismissal motion filed under the Texas Citizens Participation Act (TCPA) in a suit alleging they owe fees to another attorney they partnered with in pharmaceutical litigation. The TCPA is not applicable in this case since the claims do not involve the right of free speech and are based on a "private contract dispute." Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: June 27, 2023, Case #: 14-20-00777-CV, Categories: anti-slapp, Attorney Fees, contract