Friday, March 29, 2013

SLAPPing Mr. Monkey?

Is Ahmed Khan really "Mr. Monkey"?
Perhaps if you live in Tyne and Wear (a small county in NE England), you would care.
Instead, what you really want to know is whether a non-party (like Mr. Khan) can file an anti-SLAPP motion and not get tagged for doing something frivolous. Turns out, naturally enough, the answer is no:
A nonparty to the action who disclaims responsibility for the publications alleged in the complaint and is not even alleged to be responsible in the complaint lacks standing to bring a motion under section 425.16.
Ahmed Khan

More like, Goodbye, Mr. Monkey...
(Appellate specialist John Derrick, who's also a UK specialist, points out that Tyne and Wear "isn't that small a county. It ranks 13 out of 90" of counties in England in terms of population. Good point! It just looks small on the map...)