Phoenix Trading, Inc. v. Loops LLC, No. 11-36053 (9th Cir. 2013)
Annotate this CaseLoops, designer of a flexible toothbrush made for safe use in prisons, bid on a contract with the NYC-DOC. Amercare ultimately won the contract using a similar toothbrush. Amercare filed a defamation suit against Loops after Loops alleged that Amercare had engaged in procurement fraud. The court concluded that the district court did not abuse its discretion by entertaining Washington's anti-SLAPP motion, Wash. Rev. Code 4.25.510; under section 4.25.510, Loops was immune for all statements made to government agencies; the statute of limitations barred claims regarding the product alteration and counterfeiting accusations; and Americare did not show a likelihood of satisfying the elements of defamation. Accordingly, the court affirmed the judgment of the district court.
Court Description: Washington Anti-SLAPP Statute. The panel affirmed the district court’s order striking a complaint under Washington’s anti-SLAPP statute. In a defamation action arising out of a business dispute between companies that design and distribute hygiene products for prisoners, the panel held that the district court did not abuse its discretion by entertaining the untimely anti- SLAPP motion. The panel also held that plaintiff could not show a likelihood of success as to any of the alleged defamatory statements, and therefore, the complaint was properly dismissed under Washington’s anti-SLAPP statute.
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