Appeals Ruling Gives Dancer A Reason To Jig
A California appeals court today gave dancer Michael Flatley a reason to break into a jig, ruling that his $100-million extortion case against a Chicago attorney is not "the proper subject" for an anti-SLAPP motion.
Attorney D. Dean Mauro's "pre-litigation communications" with Flatley were not protected speech, the 2nd District Court of Appeal said, but "criminal threats" designed to extort at least $1 million from the "Lord of the Dance" on behalf of a woman who had accused him of rape.
"No prima facie showing has been made that Mr. Mauro's speech and conduct are anything other than unprotected acts of extortion," the opinion, which affirmed a trial judge, concluded.
Mauro's client, Tyna Marie Robertson, alleged that Flatley assaulted her in his Las Vegas hotel suite in October 2002. Flatley never paid her anything and her civil suit against him was dismissed.
In his anti-SLAPP motion, Mauro argued that the illegality of his conduct should not be considered as a threshold matter. Rather, the plaintiff should have to show that his case has minimal merit -- the law's second prong.
But the appeals court said the burden does not shift to the plaintiff if "it can be verified 'as a matter of law' that the defendant’s speech or conduct is not protected."
A Los Angeles Superior Court judge has set the case for trial in November. On the merits, things don't look too good for Mauro. As the 2nd District noted,
[P]laintiff’s unequivocal under oath denial that Ms. Robertson was sexually assaulted is unrebutted in this court.
9/2/04