Emory University v. Metro Atlanta Task Force for Homeless, Inc.
320 Ga. App. 442
| Ga. Ct. App. | 2013Background
- Metro alleges Emory interfered with Metro's business and contracts, including actions related to the Peachtree Pine building.
- Metro claims a defamatory propaganda campaign and attempted foreclosure to oust Metro, causing loss of public/private funding and title to the property.
- Emory moved to dismiss or strike based on Metro's failure to verify under OCGA § 9-11-11.1; Metro filed verifications out of caution.
- Trial court denied the motion, finding the claims did not fall within the anti-SLAPP scope; stayed discovery pending resolution.
- Emory sought immediate review; Metro voluntarily dismissed the complaint without prejudice; Emory moved to strike the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does anti-SLAPP apply to Metro's claims? | Metro contends claims are not within anti-SLAPP scope; verifications not required. | Emory argues claims fall within anti-SLAPP and require verifications. | Anti-SLAPP does not apply; verifications not required. |
| Was Metro authorized to voluntarily dismiss under OCGA 9-11-41(a)? | Metro argues dismissal was proper under statute regardless of anti-SLAPP posture. | Emory argues dismissal should be struck or limited by anti-SLAPP implications. | Metro authorized to voluntarily dismiss under 9-11-41(a). |
Key Cases Cited
- Center for a Sustainable Coast v. Ga. Dept. of Natural Resources, 319 Ga. App. 205 (Ga. App. 2012) (context for procedural posture and factual background in GA appellate review)
- Ga. Community Support & Solutions v. Berryhill, 275 Ga. App. 189 (Ga. App. 2005) (absence of actual official proceeding where statements cannot be deemed anti-SLAPP)
- Berryhill v. Ga. Community Support & Solutions, 281 Ga. 439 (Ga. 2006) (affirms anti-SLAPP framework and its limits in public-interest actions)
- Lovett v. Capital Principles, 300 Ga. App. 799 (Ga. App. 2009) (reiterates standards related to anti-SLAPP and proceedings)
- Atlanta Humane Society v. Harkins, 278 Ga. 451 (Ga. 2004) (anti-SLAPP considerations and procedural protections)