Saturday, May 29, 2010

SLAPPing "Mixed" Causes Of Action

What happens when only a small part of a cause of action is subject to strike under the anti-SLAPP statute? That's the question underlying the debate in Haight-Ashbury Free Clinics, Inc. v. Happening House Ventures (here). The plaintiff alleged a claim for breach of fiduciary duty, based on sixteen acts, two of which were found protected under the anti-SLAPP statute. The majority opinion dismissed the whole cause of action, because the plaintiff had failed to show that it could succeed on any part of its claim, whether based on protected or unprotected activity. The concurring and dissenting opinion would have dismissed only the portion of the claim based on protected activity, which seems right to me.

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