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>So if we flog lawyers for SLAPP suits, they'd do it more often? You'd certainly have an increase in the number of frivolous anti-SLAPP motions. Very related:
by ikeboy 6y ago
>So if we flog lawyers for SLAPP suits, they'd do it more often?
You'd certainly have an increase in the number of frivolous anti-SLAPP motions.
Very related: I've been hit with a frivolous anti-SLAPP when suing a company that made a false accusation of counterfeiting against my Amazon account. https://www.courtlistener.com/docket/16562550/thimes-solutions-inc-v-tp-link-usa-corporation/ https://www.courtlistener.com/docket/16562550/thimes-solutio... (can download the PDFs free at https://digitalcommons.law.scu.edu/historical/2153/ https://digitalcommons.law.scu.edu/historical/2153/ - feel free to contact me for all the case documents if you want.)
TP-Link is arguing that they have a 1st Amendment right to tell Amazon that someone is counterfeiting, even if untrue. They cite Noerr Pennington, which is a 1st Amendment doctrine. And this is a quote from their brief:
>Courts have found that the litigation privilege applies “regardless whether the communication was made with malice or the intent to harm.”
The anti-SLAPP was quickly denied. But the fact they brought it at all should show how this could get abused. Someone less confident than me might have dropped the case rather than risk having to pay legal fees if the motion was granted. And note that in a similar case against TP-Link, the anti-slapp motion was granted - that decision is up for reconsideration now, but the other side is asking for around 123k in fees. (See https://www.courtlistener.com/docket/14522683/tp-link-usa-corporation-v-careful-shopper-llc/ https://www.courtlistener.com/docket/14522683/tp-link-usa-co...)
It is my own personal, non-lawyer opinion that the anti-SLAPP motion in the careful shopper case was granted improperly. You can disagree; clearly a federal judge disagreed. So, in this context: do you think that lawsuit (or actually, it's the counterclaims that were subject to anti-SLAPP, so the counterclaims) should not have been brought? The brief facts of the case: TP-Link filed complaints to Amazon saying careful shopper was counterfeiting, got their account shut down, careful shopper sues for defamation and similar claims saying it was false and TP-Link knew it was false, TP-Link files anti-SLAPP saying even if this is true, they have free speech rights to say this to Amazon.