Defamation Plaintiff Dismisses Case and Pays Attorneys Fees of Reid & Hellyer Client
September 14, 2010
Representing the Idyllwild Town Crier against a defamation lawsuit filed by a local attorney in federal court, Jim Manning filed an anti-SLAPP motion that ultimately lead to the plaintiff dismissing his lawsuit.
As noted in a news story by the Press-Enterprise, the lawsuit centered around two May 6 newspaper articles the Town Crier published about the Idyllwild Chamber of Commerce's election process.
Along with agreeing to dismiss the case, the plaintiff also agreed to pay a portion of the newspaper's attorney's fees, the Business Press also noted. The plaintiff also agreed not to initiate any further legal action regarding the articles that served as the basis of his lawsuit, including re-filing the case in California state court.
Winning an anti
-SLAPP motion requires the defendant in the case, such as the Idyllwild Town Crier, to show that the lawsuit is based on activity that is protected by the Constitution. Once that threshold is met, the burden shifts to the plaintiff to show a reasonable probability of prevailing. Defendants prevailing on an anti-SLAPP motion are entitled a mandatory award of reasonable attorney's fees. These motions are regularly filed in the field of media law, a significant part of Manning's practice.
Headquartered in Riverside, Reid & Hellyer has been serving the Inland Empire for more than 100 years as one of the most-respected full service law firms in Southern California, providing transactional and litigation services in business, real estate, media law, bankruptcy, and civil rights. The firm's lawyers regularly counsel mediation or arbitration in lieu of litigation in appropriate matters. They also serve as mediators and arbitrators themselves.
Reid & Hellyer serves individual and business clients of national, regional and local prominence. Learn more at www.rhlaw.com.