Facts

Music Group Commercial BM Ltd. sued Tony Karavidas and others.

PLAINTIFF'S CONTENTIONS: Music Group Commercial contended that Dave Smith Instruments LLC was vicariously liable as Karavidas' employer. Music Group Commercial argued that the commercial speech exception barred application of the anti-SLAPP statute.

DEFENDANTS' CONTENTIONS: Dave Smith Instruments and Karavidas each filed an anti-SLAPP motion to strike arguing that Music Group Commercial's claims arose from protected activity. Defendants argued that the public interest prong of the anti-SLAPP statute applied because the statements were posted on a publicly accessible internet forums and related to the public's interest in consumer information. The commercial speech exception did not apply because Dave Smith Instruments, the seller, did not make the alleged statements, and Karavidas, the speaker, is not primarily engaged in the business of selling. Defendants argued that Music Group Commercial's claims did not have a probability of prevailing on the merits because Karavidas' statements were non-actionable opinion made outside the scope of his employment with Dave Smith Instruments.

Result

Karavida’s motion was granted.