Dale Buczkowski a/k/a Derek Moneyberg v. Spencer Cornelia

Spencer Cornelia operates a YouTube channel where he, among other things, examines various kinds of online lifestyle and moneymaking “gurus” who charge often huge amounts of money for a nebulous product. In late 2020, Cornelia received requests to do a video on financial “guru” Derek Moneyberg (real name Dale Buczkowski), who also had a reputation as a dating coach for the company Real Social Dynamics. After doing some research and speaking with dating coach John Anthony (real name John Mulvehill), Cornelia interviewed Anthony about his personal experience with Moneyberg and his evidence of the dubious quality of Moneyberg’s services, including deceptive and potentially unlawful business practices. Cornelia then published a few videos incorporating this interview.

In June 2021, Moneyberg sued Cornelia for defamation and unfair competition, though he did not sue Anthony, who actually made the majority of the statements at issue, until nearly a year later. After the parties went through the discovery process, Cornelia filed a special motion to dismiss under Nevada’s Anti-SLAPP statute, NRS 41.660.

After a hard fought case, Cornelia prevailed at Summary Judgment.  However, the Order was logically inconsistent and lazy.  The judge found that Cornelia could not have possibly committed defamation with actual malice.  This means that they were not made with knowing falsity nor a reckless disregard for the truth.  Accordingly, Moneyberg’s lawsuit was thrown out.  However, under the Anti-SLAPP analysis, the judge came to an inconsistent finding – that Cornelia’s statements could might not have been made with “good faith,” which under the Anti-SLAPP law, means “true statements, or statements made without knowledge of their falsehood.”  

Moneyberg appealed to the 9th Circuit Court of Appeals, wanting his case reinstated.  Cornelia cross-appealed, trying to get the inconsistent decision on the Anti-SLAPP reversed.  The 9th Circuit is still waiting to schedule oral argument.