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Anti-SLAPP Case Study: Dealing with Defamation, Business Disparagement, and Social Media

Contains material from Jan 2025
Anti-SLAPP Case Study: Dealing with Defamation, Business Disparagement, and Social Media
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Using a recent case, explore the business disparagement claims asserted against a prosthodontist and his dental practice, and the subsequent dismissal of these claims with a Chapter 27 Anti-SLAPP Motion to Dismiss. Stemming from a series of Instagram live videos, Kenneth Wilstead a/k/a “Dr. Kenny Smiles” sued Dr. Ortiz for business disparagement and invasion of privacy. However, using publicly available information, Wilstead’s claims were rebutted by informing the court of a likely and entirely unrelated basis for why Wilstead’s business had declined: his character and practices had been called into question by certain of his current and prospective female patients.

Includes: Video Audio Paper

  • Total Credit Hours:
  • 0.75 | 0.25 ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 2/28/2026

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1. Anti-SLAPP Case Study: Dealing with Defamation, Business Disparagement, and Social Media  (Jan 2025)

Laura K. Lavernia, Brent A. Turman

0.75 0.25 0.00 0.75 | 0.25 ethics
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(mp4)
40 mins
(mp3)
39 mins
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11 pgs
Session 1 —40 mins 0.75 | 0.25 ethics
Anti-SLAPP Case Study: Dealing with Defamation, Business Disparagement, and Social Media  (Jan 2025)

Using a recent case, explore the business disparagement claims asserted against a prosthodontist and his dental practice, and the subsequent dismissal of these claims with a Chapter 27 Anti-SLAPP Motion to Dismiss. Stemming from a series of Instagram live videos, Kenneth Wilstead a/k/a “Dr. Kenny Smiles” sued Dr. Ortiz for business disparagement and invasion of privacy.  However, using publicly available information, Wilstead’s claims were rebutted by informing the court of a likely and entirely unrelated basis for why Wilstead’s business had declined: his character and practices had been called into question by certain of his current and prospective female patients.

Originally presented: Nov 2024 Entertainment Law Institute

Laura K. Lavernia, Bell Nunnally & Martin LLP - Dallas, TX
Brent A. Turman, Bell Nunnally & Martin LLP - Dallas, TX