Spirtos v. Yemenidjian

The Supreme Court affirmed the order of the district court denying Defendant's anti-SLAPP motion to dismiss Plaintiff's complaint alleging slander and conspiracy, holding that Defendant failed to establish by a preponderance of the evidence that his alleged communication leading to the civil complaint was made in good faith.

At issue was how the district court at step one of the anti-SLAPP evaluation should proceed when Defendant denied making the alleged statement. The district court used Plaintiff's version of the alleged defamatory statement during its step-one analysis and then denied the motion to dismiss. The Supreme Court affirmed, holding (1) Defendant's denial that he made the alleged statement was irrelevant to step one of the anti-SLAPP analysis; (2) Defendant's alleged statement did not constitute a nonactionable opinion; and (3) the district court correctly denied Defendant's anti-SLAPP motion to dismiss.