Wilbanks v. Wolk [1]

Scott Wilbanks, a viatical settlement broker, filed a defamation and unfair business practices lawsuit against Gloria Wolk, a former insurance agent and author of books on viatical settlements (viaticals are arrangements that allow dying persons with life insurance policies to sell their policies to investors for a percentage of the death benefits). 

According to Wilbanks's complaint, Wolk defamed him and his company on her website Viatical & Life Settlements Consumer Information [2], which provides information about settlement brokers, by publishing the following statements:

• Be very careful when dealing with this broker. Wilbanks and Assoc. is under investigation by the CA dept. of insurance. The complaint originated with a California viator who won a judgment against Wilbanks. How many others have been injured but didn’t have the strength to do anything about it?
• The company is under investigation. Stay tuned for details.
• Wilbanks and Associates provided incompetent advice.
• Wilbanks and Associates is unethical.

Wolk moved to strike the defamation claim under California's anti-SLAPP statute.  The court granted her motion and awarded Wolk $7,000 in attorney fees and costs.

On August 17, 2004, the California Court of Appeals reversed [3], finding that Wilbanks had shown a reasonable probability of success on the merits of his claims.

Update:

The California Superior Court's electronic docket states that the case was dismissed with prejudice on August 18, 2005, following settlement discussions in chambers.