Can a defendant invoke the anti-SLAPP statute against a defendant who has been found guilty of a similar offence?
MultiRegion, United States of America
The following excerpt is from Doe v. Gangland Prods., Inc., D.C. No. 8:11-cv-00389-AG-MLG, No. 11-56325 (9th Cir. 2013):
2. The exception to this rule is that the anti-SLAPP statute cannot be invoked by a defendant "whose assertedly protected activity is conclusively demonstrated to be illegal as a matter of law." Flatley v. Mauro, 39 Cal. 4th 299, 319, 329 (2006). Plaintiff does not contend that the Flatley exception applies here.
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