Doctor Dismissed from Metabolife Case Awarded Fees Pursuant to Anti-SLAPP Statute

SAN DIEGO - A federal judge ordered Metabolife International, Inc., to pay almost $320,000 pursuant to a doctor's request to recover attorney fees following an appellate court's decision to uphold his dismissal from a 1999 lawsuit filed by the company. Metabolife International, Inc., v. Wornick, et al., No. 99-CV-1095 (S.D. Calif.).

U.S. District Judge John S. Rhoades, Sr.'s July 19 order was based on California's anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, which 'provides a mechanism for a defendant to strike civil actions brought primarily to chill the exercise of free speech.' Under the anti-SLAPP statute, a prevailing party is …