Dieterich v. Fraker
Colleen Duff‑Fraker and Dan Fraker (hereafter collectively the Frakers unless the context indicates otherwise) appeal from an order denying their special motion to strike a defamation complaint filed against them by their former physician, Frederick W. Dieterich.[1] After they settled their medical malpractice/wrongful birth action against Dieterich, the Frakers were interviewed for an article that appeared in People Magazine, and Dieterich sued them for defamation, misrepresentation, and breach of contract. They contend their special motion to strike should have been granted because Dieterichs action arose out of protected activity and he failed to demonstrate a probability of prevailing. Court agree and reverse the order and remand with directions to grant the special motion to strike.
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