Re:Tesla sues its alleged saboteur for $167M
by SpicyLemonZest on Wednesday December 12, 2018 @05:02PM
(#18668129)
As long as the plaintiff can establish "there is a probability that the plaintiff will prevail on the claim", the anti-SLAPP statue doesn't apply. It doesn't matter at that point why they filed the lawsuit.
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Re:Tesla sues its alleged saboteur for $167M
by gamblor956 on Wednesday December 12, 2018 @05:38PM
(#18668351)
Right, the plaintiff needs to show prima facie evidence of all elements of their claims in order to defeat an Anti-SLAPP motion.
Unless Tesla has been concealing some facts in its court filings, they don't have prima facie evidence of all elements of their claims. Anti-SLAPP motions can precede the discovery phase, i.e., before Tesla can acquire that evidence. Moreover, unlike TV, such evidence must be presented in court filings. Ambush disclosures aren't a thing in real life.