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Home > GTX Global Corp. v. Left

GTX Global Corp. v. Left [1]

Submitted by DMLP Staff on Mon, 09/10/2007 - 15:55

Summary

Threat Type: 

Lawsuit

Date: 

11/21/2005

Status: 

Concluded

Disposition: 

Dismissed (total)

Location: 

California

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Fraud
Securities Law
Tortious Interference
Trade Libel
Andrew Left published a website called StockLemon, on which he blogged about stocks that he considered "lemons." He made comments on his blog that were critical of GTX Global Corp, and GTX sued, claiming that he made defamatory statements about it in... read full description
Parties

Party Issuing Legal Threat: 

GTX Global Corp.

Party Receiving Legal Threat: 

Andrew Left

Type of Party: 

Organization

Type of Party: 

Individual

Location of Party: 

  • Nevada

Legal Counsel: 

Law Offices of Barry Rothman and Kristal Marie Gunn

Legal Counsel: 

Peter Kravitz; Jon-Jamison Hill; Alonzo Wickers
Description

Andrew Left published a website called StockLemon, on which he blogged about stocks that he considered "lemons." He made comments on his blog that were critical of GTX Global Corp, and GTX sued, claiming that he made defamatory statements about it in order to artificially depress the price of GTX stock so that he could short sell it for a profit. The complaint included claims for trade libel, intentional interference with prospective economic advantage, securities fraud under California law, securities fraud under federal law, and conspiracy.

Left successfully moved to strike the complaint based on California's anti-SLAPP statute (Cal. Code Civ. Proc. ยง 425.16 [2]). In May 2007, the California Court of Appeals affirmed, holding that Left's criticism of GTX on his website was an exercise of free speech, and that GTX failed to meet the heightened evidentiary showing required by the anti-SLAPP statute. It also held that Left was entitled to attorney's fees, including for the appeal.

Related Links: 

  • Blogger Protected by Anti-SLAPP Statute [3]
  • MLRC's Legal Actions and Developments Involving Blogs [4]

 

Details

Web Site(s) Involved: 

StockLemon [5] (renamed Citron Research)

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Defamation
  • SLAPP
  • Trade Libel
  • Business Torts
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • United States
  • California

Court Name: 

California Superior Court, Los Angeles County

Court Type: 

State

Case Number: 

B192626 (on appeal); BC343334 (trial court)

Relevant Documents: 

PDF icon 2007-05-04-Decision Affirming Dismissal.pdf [6]
PDF icon 2005-11-21-GTX Complaint.pdf [7]
PDF icon 2006-07-19-Judgment Granting Motion to Strike.pdf [8]
CMLP Information (Private)

CMLP Notes: 

SB Reviewed; to-do: get court documents

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Source URL (modified on 08/20/2014 - 11:02pm): https://www.dmlp.org/threats/gtx-global-corp-v-left

Links
[1] https://www.dmlp.org/threats/gtx-global-corp-v-left
[2] http://casp.net/cal425.html
[3] http://blog.ericgoldman.org/archives/2007/05/blogger_protect.htm
[4] http://www.medialaw.org/bloggerlawsuits
[5] http://www.stocklemon.com/
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-05-04-Decision%20Affirming%20Dismissal.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-11-21-GTX%20Complaint.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-07-19-Judgment%20Granting%20Motion%20to%20Strike.pdf