Summary
The Georgia Court of Appeals affirmed an attorney-fee award against Larry Johnson under Georgia’s anti-SLAPP statute after Johnson’s defamation and related claims against Shimshon Wexler were previously stricken. The court rejected Johnson’s arguments that the fee award was barred by the law-of-the-case doctrine or preempted by the federal Fair Debt Collection Practices Act. It also held that Wexler could recover fees for his own work defending the action.
Court
Court of Appeals of Georgia
Jurisdiction
Georgia Court of Appeals
Decision date
June 4, 2026
Docket number
A26A0395
Disposition
affirmed
Questions Presented
- Whether Johnson's claim that his state-law claims were preempted by the FDCPA was established as law of the case by an earlier appellate decision.
- Whether the FDCPA preempted Wexler's request for attorney fees under Georgia's anti-SLAPP statute.
- Whether the trial court abused its discretion by awarding Wexler attorney fees for work he performed while representing himself.
Holdings
- The law-of-the-case doctrine did not establish that Johnson's claims were preempted by the FDCPA because the earlier appellate decision did not explicitly decide preemption.
- The FDCPA did not preempt Wexler's request for attorney fees under OCGA § 9-11-11.1(b.1).
- The trial court did not abuse its discretion by awarding Wexler attorney fees for work he performed while defending himself.
Court Document
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