Postle Lost Second Anti-SLAPP, Must Pay Veronica Brill $27,745

The second anti-SLAPP case against Mike Postle brought similar results to the first one, after presiding judge Shama H. Mesiwala ruled in favor of Veronica Brill to award her $27,745 in legal costs.

On the Hook for Legal Costs

Veronica Brill, one of 12 defendants against whom Mike Postle filed a $330 million defamation lawsuit, filed the anti-SLAPP (Strategic Lawsuit against Public Participation) in April after Mike Postle threw in the towel and filed a motion to dismiss all charges against everyone who he believed had sullied his name.

Immediately after Mike Postle’s move to dismiss all charges, Eric Bensamochan, attorney for Todd Witteles, another one of the alleged 12 defamators, immediately filed a motion on his client’s behalf to keep Postle on the hook for attorney fees.

By that time Marc Randazza, Veronica Brill’s attorney, stated that the motion to dismiss the case filed by Postle meant he would automatically lose on the anti-SLAPP motion against him, implying he would also file a motion with regards to legal fees Brill had faced so far.

Both parallel cases were initially set to be resolved in May, but Brill’s case was moved into June for reasons unrelated to the anti-SLAPP claim. In May judge Mesiwala ruled that Mike Postle should pay Witteles $26,982, and now the second ruling awarded almost a similar amount, $27,745, making Postle liable to a total of $54,727 of legal fees.

The fact that Mike Postle did not appear on the final hearing on Brill’s amount Wednesday means the ruling is enforceable and in immediate effect. One thing the judge did not include in both anti-SLAPP cases was a mechanism for collecting the amounts, leaving that to Brill and Witteles to organize for themselves.

Initial Claim Significantly Reduced

Judge Mesiwala significantly reduced the much higher claim of $78,600 originally filed by Brill’s attorney Marc Randazza, but it is unlikely that Randazza and Brill will use the technical option at their disposal to appeal the ruling. Previously, Witteles and Bensamochan accepted a similarly reduced claim, vowing to pursue Mike Postle for the payment.

“I’m happy with the result and I’m glad that he has to pay at least something. It feels a little bit like he’s paying something back.”

Veronica Brill

Veronica Brill received financial support for the case from high-stakes poker player Bill Perkins who may be the first to receive money from the funds Postle is now liable to, while any additional amounts will likely go towards the fund Brill championed for the purchase of a handicapped-equipped van for poker pro KL Cleeton.