Barrett v. Rosenthal (2006) 40 Cal.4th 33

Mark Allen Goldowitz

Case Conclusion Date:November 20, 2006

Practice Area:Libel / Slander

Outcome:Entire lawsuit was dismissed as to our client, after a trip to the California Supreme Court, and more than $434,000 was awarded for attorneys fees and costs.

Description:Three plaintiffs, vocal critics of alternative medicine, sued our client, breast-implant awareness activist Ilena Rosenthal, for defamation and related claims, based on critical comments she made about two of them on the Internet. The trial court granted her anti-SLAPP motion. The Court of Appeal affirmed this ruling as to two plaintiffs, but reversed as to the third. The California Supreme Court held that the third plaintiff’s claims should be dismissed as well, ruling that Rosenthal was protected from civil liability for republication of the words of another on the Internet by section 230 of the federal Communications Decency Act. On remand, the trial court awarded more than $434,000 for attorneys fees.