Flatley v. Mauro
California Supreme Court
139 P.3d 2 (2006)
D. Dean Mauro (defendant), representing Tyna Robertson, sent a letter to Michael Flatley's (plaintiff) attorney demanding $1 million to settle a claim that Robertson was raped by Flatley, threatening to disseminate press releases to media if litigation was filed; in a follow-up call, Mauro threatened to publicize the matter everywhere Flatley's dance troupes performed for the rest of his life. Flatley didn't settle; Robertson sued him, and she and Mauro publicly detailed the alleged rape on television. Two days later, Flatley sued Mauro for civil extortion, defamation, and fraud. Mauro moved to strike Flatley's complaint under California's anti-SLAPP statute; the trial court denied the motion, finding Mauro's conduct constituted criminal extortion, and the Court of Appeal affirmed.
Whether a defendant can use the anti-SLAPP statute to strike a plaintiff's claim attacking illegal speech or illegal activity.