Appellate Court Affirms Rejection of Metabolife's Attempt to Invoke Anti-SLAPP Statute

SAN DIEGO - A California appellate court affirmed a lower court's decision to deny Metabolife's motion to strike the claims asserted in a woman's product liability suit under the anti-SLAPP statute, finding that her causes of action did not arise out of the company's protected commercial speech. Gloria Martinez, et al., v. Metabolife International, Inc., et al., No. D040279 (Calif. Ct. Appeal, Fourth Dist., Div.One).

The appellate court's Nov. 12 opinion stated that plaintiff Gloria Martinez's claims of product liability, negligence, fraud, and breach of implied warranty arose from the supplement maker's alleged wrongful conduct in manufacturing and distributing Metabolife …