ZEL Secures Anti-SLAPP Dismissal for Retailer and Employee

Partner Halley B. Thiel-Djawad and attorney Robert Wargo secured dismissal of a case arising from an employee’s statements to police.

Zelms Erlich Lenkov LLP secured an anti-SLAPP dismissal on behalf of a retailer and one of its employees in a case involving an allegedly wrongful identification in a police lineup.

Attorney Robert Wargo prepared the successful motion, and Partner Halley B. Thiel-Djawad argued it. The defense focused on the protected nature of the employee’s statements to police, which formed the basis of the claims against ZEL’s clients.

The complaint alleged that the employee wrongly identified the plaintiff during a police lineup, resulting in her arrest and other damages.

ZEL challenged the claims through an anti-SLAPP motion addressing the legal protection afforded to the employee’s statements to police. The motion placed that threshold issue before the court as the basis for dismissal.

The court granted the motion and dismissed the case based on the employee’s statements being protected speech.

Wargo’s preparation of the motion and Thiel-Djawad’s oral advocacy centered the defense on the conduct underlying the complaint and the protection applicable to that conduct.

The result reflects the team’s attention to both the allegations and the procedural means available to defend the retailer and its employee.

Congratulations to Halley and Robert on achieving this successful result for our clients.