Gordon Rees Scully Mansukhani Partners Mike Laurenson and Joe Meadows, and Senior Counsel Vivian Countryman, recently obtained a favorable decision on behalf of GRSM’s client, a non-profit organization, striking a defamation claim under California’s anti-SLAPP statute.
The plaintiff sued the client for defamation, seeking in excess of $10 million. The claim arose from emails dated many years prior between the client and others, discussing a public interest issue stemming from earlier alleged misconduct. The plaintiff allegedly discovered the emails a year before the lawsuit, which could have made the defamation claim timely under California’s discovery rule.
The GRSM team moved to strike the claim as meritless and in connection with statements protected under the First Amendment. The court agreed, ruling that the claim failed because the underlying statements were protected opinion, some were non-actionable under Section 230 of the Communications Decency Act, and special damages were not alleged. Under the anti-SLAPP statute, the client may seek the recovery of fees and costs associated with the motion to strike.
This outcome marks a victory for GRSM's client in a complex legal battle stemming from old emails and even older public interest issues. If you have any questions about the California anti-SLAPP statute or defamation claims, please reach out to a member of GRSM’s California or Virginia offices.