Business Torts › Civil Remedies › Civil Rights

It's Not Defamation if No One Knows It's You -- Sammy Hagar Defeats Defamation Claim

The first element of defamation is sometimes forgotten. The defamatory statement must be about the plaintiff. In most instances that will be self-evident, but sometimes the identity of the person being defamed will be known...more

How to Use the “Wall of Wrong” to Determine if a Proposed Defamation Case is a SLAPP -- Shaheen Sadeghi v. Delilah Snell

The tale starts with an article in OC Weekly. The article was about a guy named Shaheen Sadeghi. The article was extremely favorable to Sadeghi, referring to him as the “Curator of Cool” and discussing his amazing success in...more

Anti-SLAPP Law Does Not Protect Civil Extortion by Attorneys

Despite the prohibitions against doing so, some attorneys can’t resist throwing a threat of criminal action into their demand letters. They apparently think (if they give it any thought at all) that an express or veiled...more

Miguel Mendoza v. Reed K. Hamzeh

Court Rules that Attorney's Demand Letter is Not Protected under Anti-SLAPP Law

Following the prior decision of Flatley v. Mauro, the California Court of Appeal in Miguel Mendoza v. Reed K. Hamzeh finds that a demand letter from an attorney which threatens criminal prosecution is not protected under the...more

Surprising Risk of Discrimination Claims for Restaurants Moving Away from Meal Customization

Chicago, IL, April 15, 2013 - Many restaurants, especially upscale and higher-end independents, are moving toward prix-fixe menus, tasting menus, and policies that restrict additions, subtractions, and substitutions. Such...more

Employee's Report to Human Resources is Protected by SLAPP Statute

Always remember when reviewing a complaint to see if it is a potential SLAPP that the anti-SLAPP statute is not only about speech, it includes the "freedom of petition for the right of grievances", or simply the right of...more

Guggenheim Capital v. Toumei

Reply Brief of Appellant David Birnbaum

This is the reply brief in an appeal concerning the question of whether it is proper for a court to enter, as a sanction for litigation non-compliance, a default judgment and a seven-figure statutory damages award against a...more

Boarding School Review, LLC v. Delta Career Education Corp.

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Dunkin’ Donuts in Hot Water Over Franchisee Discrimination Claims

Dunkin’ Donuts in Hot Water Over Franchisee Discrimination Claims by Joel N. Kreizman on August 30, 2012 Dunkin’ Donuts is in hot water after several former franchise owners have alleged that it discriminates against...more

Weekly Law Resume - March 22, 2012: ADA Plaintiff Subject to Breach of Contract Claim For Suing a Business Owner a Second Time

Thomas Mundy v. Laura D. Lenc Court of Appeal, Second Appellate District (February 29, 2012) Plaintiff Thomas Mundy is confined to a wheelchair. In June 2009, he went to a bar owned by Laura Lenc and could not use the...more

Ascentive, LLC v. Opinion Corp.

Opinion and Order Denying Preliminary Injunction

Opinion and order denying the motions by Ascentive, LLC and Classic Brands, LLC for a preliminary injunction censoring consumer complaint about the companies on the PissedConsumer.com website. The companies' legal...more

EMPLOYERS BEWARE! Questioning an Employee Concerning Potential Misconduct May Lead to Claims of False Imprisonment

This is a summary of how a claim of false imprisonment can arise from the investigation of employee misconduct and some practical tips for every employer. ...more

Punitive Damages

While the civil justice system almost never concerns itself with punishing wrongdoing, instead focusing on compensating victims for harm they suffer, there are some cases where civil courts take it upon themselves to deter...more

Remedies Aganist Breach of Contract

In the day-to-day affairs of today’s world, not a single day passes without reference or discussions about some contracts, whether it is rendering service, employment, supply, distribution or purchase. We enter into...more

Software Research Group, Inc. v. WWW.PISSEDCONSUMER.COM

Memorandum of Law in Support of Defendant Opinion Corp.'s Motion to Dismiss the Complaint

This was a lawsuit consisting of five different versions of a defamation claim, brought against a website and an unknown number of anonymous defendants. The website, called PissedConsumer.com, was operated by movant, Opinion...more