The Washington Travel Clinic, PLLC v. Kandrac

The Washington Travel Clinic, PLLC v. Kandrac, No. 2013-ca-3233 (DC Superior Court)

Importance: None

Summary: The Washington Travel Clinic and its owner, Akl, sued Kandrac, alleging that Kandrac defamed the plaintiffs when he wrote, in a Yelp post, that Akl kept him waiting for his appointment, that Kandrac mistakingly received another patient’s information from Akl, that Kandrac overhead Akl speaking with another patient during his visit, and that Akl’s injection was especially unpleasant.

Kandrac moved to dismiss the Complaint under the anti-SLAPP statute. The Superior Court granted the motion as to all the challenged statements, except the statement about Kandrac receiving another patient’s information. Kandrac moved for reconsideration, arguing that the plaintiffs failed to show damages from the one remaining statement. Kandrac also sought recovery of the fees and costs he incurred in prevailing on most of his anti-SLAPP motion. The Superior Court denied the motion for reconsideration on the basis that the one remaining statement, if true, constituted defamation per se, and denied the motion for fees and costs on the basis that the billing entries were improperly “lumped” together.

Kandrac has appealed the Superior Court’s decisions to the DC Court of Appeals.

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