Brain Research Labs v. Clark, No. CGC-09-491932 (Cal. Super., San Fransisco County filed Aug. 27, 2009).
Status: Special motion to strike pending.
After filing a class action lawsuit against the makers of dietary supplement Procera AVH, the law firm Ropers, Majeski, Kohn & Bentley posted a video on YouTube titled "Beware of false claims made by a so-called dietary supplement Procera AVH," featuring partner Thomas Clarke Jr. warning of alleged dangers of the supplement.
Procera AVH maker Brain Research Labs then sued Clarke and the firm for libel over statements in the video. The defendants responded with a special motion to strike the lawsuit under California's anti-SLAPP statute. The court heard argument on the motion on Nov. 20.
Links and Court Documents:
Class Action Target Sues Law Firm for Defamation (The Recorder, Nov. 23, 2009)
>> YouTube video
>> Complaint
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