Court Ruling in Favor of Cyberlaw Clinic

This is the Appellate Court ruling in favor of the Cyberlaw Clinic position that the defendant in a First Amendment retaliatory lawsuit is entitled to attorney's fees if he would have been the prevailing party on a pending anti-SLAPP motion, even if the plaintiffs dismiss before the court can rule on the motion. Download file

Court Rules Anti- SLAPP Motion Should Proceed After Company Learns Anonymous Poster’s Name and Dismisses Case

Cyberlaw clinic students won an important ruling yesterday that the California Anti-SLAPP statute entitles anonymous defendants to file a Motion for Attorney’s fees even if a plaintiff successfully uncovers their identity and then flees to another state with weak or no anti-SLAPP protections.

Following oral argument by 2L Erica Platt, the California Court of Appeals agreed with the defendant and has remanded the matter back to the trial court for an attorney’s fee determination.


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