United States Ninth Circuit

In an action brought by plaintiff whose identity was not concealed in an episode of defendants' documentary television series, Gangland, the district court’s denial of defendants’ anti-SLAPP motion to strike plaintiff's complaint is: 1) affirmed in part, where the anti-SLAPP statute applies to plaintiff's lawsuit because it arises from defendants' conduct in furtherance of their right of free speech in connection with issues of public interest, but plaintiff met his burden to show a probability of prevailing on his claims for public disclosure of private fact, intentional infliction of emotional distress; false promise and declaratory relief; but 2) reversed in part, where plaintiff failed to establish a probability of prevailing on the claims for appropriation of likeness and negligent infliction of emotional distress.

Appellate Information

• Decided 09/16/2013
• Published 09/16/2013

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel