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Today, the United States Court of Appeals for the Fifth Circuit affirmed District Judge Amos Mazzant’s ruling holding that Mark Hammervold and Hammervold PLC’s alleged conspiracy to extort Diamond Doctor was not protected activity under the Texas Anti-SLAPP statute. Hammervold argued unsuccessfully that his role in the scheme was limited to an agreement to accept consumer plaintiff referrals from a Nashville law firm, and that such an agreement was protected insofar as it related to Hammervold’s First Amendment right to petition.
The case is Diamond Consortium, Inc. v. Mark Hammervold, Hammervold, PLC, No. 17-40582 (5th Cir. 2018).