Last week, my friend and colleague Marc Randazza scored a big win for Briana DeJesus in the lawsuit filed against her by Kailyn Lowry. The case against Briana was dismissed after successfully arguing an anti-SLAPP motion.
I have my own experience with anti-SLAPP motions, after having been sued for $270 million by Medifast, a scammy MLM that peddled diet products under the brand Take Shape for Life (now called Optavia). I won my anti-SLAPP motion to dismiss, and then Medifast had to pay nearly $200,000 in legal fees to me.
Kail sued Briana for defamation in June 2021 after Briana said that Kail’s ex-boyfriend Chris said Kail physically assaulted them. Briana’s win was really simple: She told the truth. Chris did, in fact, tell her that Kail assaulted him. And there was no evidence that Briana knew that the statement was false.
And now Kail will most likely have to pay Briana’s legal fees, which are over $120,000. Under Florida law, the winning party is entitled to recover legal fees from the loser after an anti-SLAPP motion. If Kail and her attorney are smart, they’ll settle on the issue of fees rather than go in front of the judge.
Marc Randazza is a rock star and Briana was brilliant to hire him to defend her. Marc stands up for free speech no matter who is doing the speaking.