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.
Ampex Corp. filed a lawsuit against a "John Doe" Internet poster. The defendant filed an anti-SLAPP motion asserting that the case was in retailiation for his negative comments about the company expressed on a public message board. After obtaining the Doe's personal information, the plaintiff dismissed the case and refiled in another state. The Cyberlaw Clinic asked for a determination that they would have been successful in the Motion and for attorney's fees to deter SLAPP suits, but the trial court stated it did not have jurisdiction to consider the request.
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.
For more information about this case, click here.