Stephen Wynn, Wynn Resorts Limited v. James Chanos
Published: Jul. 18, 2015 | Result Date: Mar. 3, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:14-cv-04329-WHO Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Lawrence M. Cirelli
(Hanson Bridgett LLP)
Mitchell J. Langberg
(Brownstein, Hyatt, Farber & Schreck LLP)
Defendant
Douglas A. Winthrop
(Arnold & Porter Kaye Scholer LLP)
Kenneth G. Hausman
(Arnold & Porter Kaye Scholer LLP)
Julian Y. Waldo
(Supreme Court of California)
Facts
Stephen Wynn and Wynn Resorts Limited sued hedge fund manager, James Chanos, relating to an alleged false and defamatory statement made by Chanos.
Contentions
PLAINTIFFS' CONTENTIONS:
Stephen Wynn and Wynn Resorts Limited sued Chanos for slander after he allegedly stated that Wynn and Wynn Resorts violated the Foreign Corrupt Practices Act.
DEFENDANT'S CONTENTIONS:
Chanos argued that he had not implied that Wynn or Wynn Resorts had violated the Act, and his comments concerned a matter of public interest, and therefore, protected by the anti-SLAPP statute. Chanos claimed that his opinion was based on disclosed facts, which was not actionable, and plaintiffs could not plausibly allege he acted with malice. Chanos argued that his statements were privileged under California law, and leave to amend would be futile. Chanos filed a motion to dismiss and a special motion to strike under California's anti-SLAPP statute
Result
The court granted Chanos' motion to dismiss with prejudice and his anti-SLAPP motion because plaintiffs did not plead any additional facts to alter the court's previous ruling that Chanos' statements were not slander per se. The court also awarded Chanos $390,000 in attorney fees and $36,000 in costs.
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