Nygard v. Kustannu sosakey htio Iltalehti
This defamation action arises from a Finnish newspapers coverage of a press conference. The press conference was held at the Four Seasons Hotel near Beverly Hills in connection with the release of a motion picture, Into the Blue (Columbia TriStar 2005). The movie was filmed in the Bahamas. The newspaper and on-line articles contained statements about and suggestions of sexual conduct occurring at parties and publicity events attended by the films stars and crew. These events were held at the Bahamian residence of an internationally known clothing manufacturer and publishera fashion celebrity. The Bahamian property is recognized as one of the most beautiful and unique homes in the world. It has been featured on television programs including Life of Luxury. The trial court denied defendants motion to strike the complaint pursuant to Code of Civil Procedure[1]section 425.16. The trial court found plaintiffs defamation claim did not arise from an act in furtherance of defendants constitutional free speech right in connection with a public issue. Court reverse the order. Court conclude a newspapers coverage of a press conference concerning the movie industry and sexual conduct within the confines of a renowned Bahamian residence owned by a fashion industry magnate was any act . . . in furtherance of [defendants] right of . . . free speech under the United States or California Constitution in connection with a public issue within the meaning of section 425.16, subdivision (b)(1). Court further find plaintiffs failed to establish a probability of prevailing on the merits in that they failed to present any evidence defendants acted with actual malice. Court direct the trial court to enter an order granting defendants special motion and striking the complaint. In addition, on remand, defendants are entitled to recover their attorneys fees and costs, including those incurred on appeal.
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