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Vess v. Ciba-Geigy Corp. USA

317 F.3d 1097 (2003)

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Vess v. Ciba-Geigy Corp. USA

United States Court of Appeals for the Ninth Circuit
317 F.3d 1097 (2003)

MP

Facts

Vess, who was given Ritalin when he was nine years old, sued Novartis, the drug manufacturer, the American Psychiatric Association (APA) the publisher of a diagnostic manual of mental illnesses, and a nonprofit advocacy group, Children and Adults with Attention Deficit/Hyperactivity Disorder (CHADD) (defendants), alleging a fraudulent conspiracy to popularize the diagnosis of ADHD and the use of Ritalin to treat it. The APA and CHADD responded with motions to dismiss for Vess’s failure to meet heightened pleading standards for fraud allegations and a special motion to strike, alleging that Vess’s suit constituted a Strategic Lawsuit Against Public Participation suit (SLAPP), alleging injury resulting from the APA’s and CHADD’s free-speech activities. California’s anti-SLAPP statute was enacted to allow early dismissal of meritless suits attempting to chill expression through costly, time-consuming litigation. The district court determined that Vess’s suit constituted a SLAPP suit and granted the motion to strike, and it dismissed Vess’s fraud claims for failure to meet the heightened pleading requirements and failure to state a claim under Federal Rules of Civil Procedure, Rule 9(b) and 12(b)(6).

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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