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Manning & Kass Scores Big Win in Anti-SLAPP Case

November 11, 2021

In a victory for Manning & Kass, we are delighted to report a big win in a high-profile and complex litigation lawsuit for our client, renowned professional gamer William “Billy” Mitchell.

On October 12, 2021, the US Court of Appeals for the Second Circuit ruled in favor of our client. It affirmed an earlier dismissal of an anti-SLAPP motion against Mitchell, ruling that online social media website Twin Galaxies can’t get out of a defamation lawsuit by Mitchell by mounting an anti-SLAPP (strategic lawsuit against public participation) defense.

One of the greatest video game players of all time, the ruling allows Mitchell to continue his defamation lawsuit against Twin Galaxies. At issue is that Twin Galaxies had stripped Mitchell of several of his Donkey Kong and Pac-Man world records after he was accused of using emulation devices to earn his scores instead of authentic arcade machines, as was required for these world record attempts.

The case has garnered significant attention in the gaming community and has been closely watched by press around the world.

The victory was brought home by the Los Angeles team that included Founding Partner Anthony J. Ellrod, Appellate Law Specialist and Partner Steven J. Renick, with support from many others.

“This is an emphatic victory,” said Ellrod, lead counsel in the suit. “Defeating a defendant’s anti-SLAPP suit is hard to do when you’re suing a media organization for defamation of a public figure. We’re proud of our entire legal team and gratified with this positive outcome for our client.”

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