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

by Jennifer Granick, posted on May 6, 2003 - 3:37pm.

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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