Peters & Freedman, LLP v. McMahon [1]

The California law firm Peters & Freedman sued Elizabeth and Arnold McMahon for libel and invasion of privacy based on statements they posted on their website, American Homeowners Resource Center [2], which describes itself as a “public interest interactive website for homeowners” to "help citizens in homeowner associations . . . take back their homes from the two generations of crooked lawyers, politicians, judges and vendors who have stolen them."

The law firm, which specializes in homeowners’ association law, asserts in its complaint that the McMahons falsely accused it of committing illegal and unprofessional conduct while representing homeowners associations in various lawsuits. One of the law firms lawyers, Jeffrey Pratt, also sued the McMahons for libel. See the related entry, Pratt v. McMahon [3], for more information.

On September 27, 2006, the McMahons filed a motion under California's anti-SLAPP statute [4] to strike the complaint, arguing that the plaintiff's claims arose from the exercise of their constitutional rights to freedom of speech and to petition for the redress of grievances.

The court denied the motion to dismiss, and a California appellate court affirmed, holding that the comments “do not concern a public issue."

The case is set for a jury trial on 1/12/09.