Mark Golob, founder of the failed Butterfly Life fitness chain, sued blogger and web publisher Sean Kelly for $35,000,000 for unflattering statements he made about Golob’s “history of litigation” and “checkered past” on Kelly’s UnhappyFranchisee.Com website.
Sean Kelly, represented by San Francisco attorney Peter Lagarias, filed for a Motion to Strike under the California anti-SLAPP law.
Judge Richard J. Henderson ruled “the court has found that defendant Sean Kelly made a prima facie showing by admissible evidence that the challenged statements set forth in defendant Sean Kelly’s unhappyfranchisee.com website were made in a ‘public forum in connection with an issue of public interest’”
“Defendant Kelly has prevailed on his motion and is entitled to the recovery of his attorney fees incurred in this motion…”
Read Sean Kelly’s account here: $35,000,000 Lawsuit Backfires on Health Club Franchisor
The case files are listed below.
Initial Summons: Golob v. Kelly
February 5, 2014
February 24, 2014
Kelly/Lagarias Motion to Strike
March 14, 2014
Golob/Reed Opposition to Motion to Strike
March 28, 2014
Kelly/Lagarias Reply to Golob’s Opposition
April 2, 2014
Judge Henderson’s Decision
May 21, 2014
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TAGS: Mark Golob, Nikolaus Reed, SLAPP lawsuit, Anti-SLAPP lawsuit, Unhappy Franchisee, Sean Kelly, Peter Lagarias, 1st Amendment lawsuit, Defamation lawsuit, Butterfly Life, Frivolous lawsuit, franchise bullying