Legal Opinion

Yaroslav Lozovyy v. Richard Kurtz

Court of Appeals for the Fifth Circuit

Decided December 29, 2015No. 15-30086PublishedCited by 19 opinions

1Opinion of the Court

FORTUNATO P. BENAVIDES, Circuit Judge:

This appeal involves the application of Louisiana Code of Civil Procedure Article 971, the state’s “anti-SLAPP” statute, which provides a procedural mechanism for dismissing certain defamation claims early in litigation unless the plaintiff can establish a “probability of success.” Plaintiff-Appellant Yaroslav Lozovyy sued Richard Kurtz and Thomas Klei for allegedly stating during a conference call that he destroyed and/or stole research data, and the district court granted Kurtz and Klei’s special motion to strike the claim under Article 971. Lozovyy now…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Batzel v. SmithCourt of Appeals for the Ninth Circuit · 2003
  3. Kennedy v. Sheriff of East Baton RougeSupreme Court of Louisiana · 2006
  4. Sassone v. ElderSupreme Court of Louisiana · 1993
  5. Yasser Abbas v. Foreign Policy Group, LLCCourt of Appeals for the D.C. Circuit · 2015

24 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Pamela McCarty v. Hillstone Restaurant GrouCourt of Appeals for the Fifth Circuit · 2017
  2. Tom Hawk v. Pershing, L.L.C.Court of Appeals for the Fifth Circuit · 2019
  3. Ocwen Loan Servicing, L.L.C. v. Robert BerryCourt of Appeals for the Fifth Circuit · 2017
  4. Walter Block v. New York Times CompanyCourt of Appeals for the Fifth Circuit · 2017
  5. Walter Block v. New York Times CompanyCourt of Appeals for the Fifth Circuit · 2016

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API