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Temperatures Rise in Mann Libel Suit

It has been a few months since I wrote about Michael Mann’s libel suit against National Review, the Competitive Enterprise Institute and two contributors. During that time, the parties have been very busy in both the...more

The Texas Anti-Slapp Law: Tex. Civ. Prac. & Rem. Code Ch. 27 (Updated October 2014)

In this Publication: - I. Introduction - II. The Texas Citizens Participation Act: What Is It? - III. Application Of The TCPA - IV. Unintended Consequences - V. The TCPA - Conclusions...more

SLAPP’d in Los Angeles: A Guide to California’s Anti-SLAPP Law

This post is the first in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. What is a SLAPP? ...more

Litigating the Malicious Prosecution Case

Powerpoint Presentation by Jeffrey Lewis on tips for litigating Malicious Prosecution actions in California...more

Anti-SLAPP "protected activities" include filing of unlawful detainer actions

In Trapp v. Naiman, the California Court of Appeal for the Fourth Appellate District decided an interesting real property case. The case began as a non-judicial foreclosure and unlawful detainer matter. The case then morphed...more

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

Indiana Supreme Court Upholds Punitive Damages Statute

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision...more

Stopping Competitors From Denigrating Your Product

"Cats prefer Whisker Nibblets to Gato Gourmet 4:1." "Only Marie’s sandwich cookies are made with real chocolate and cream." "Seatur’s Slick works 40 percent faster than other leading motor oils." "Shampoo with Lixertonic and...more

Director May Pursue Malicious Prosecution Claims Against Plaintiffs’ Attorneys

Lawsuits against directors can seem very one-sided with the plaintiffs starting at bat and never having to take to the field to play defense. This may be changing as a result of a very significant decision issued last Friday...more

Weekly Law Resume - April 26, 2012: Anti-SLAPP Attack to a Malicious Prosecution Action

Darin Johnson v. Ralph’s Grocery Company, et al. Court of Appeal, Fourth District (March 20, 2012) This case concerns two pre-answer challenges a defendant can make to the legal sufficiency of a plaintiff’s complaint:...more

Jerry Moore v. John Hoff

Jury Holds Blogger Liable for $60,000 in Defamation Case filed by fired community leader

A jury in Minneapolis held blogger John (Johnny Northside) Hoff liable for $60,000 in damages for a truthful post charging that the plaintiff was involved in a high-profile mortgage fraud case. The jury agreed with the...more

Habush Habush & Rottier vs. Cannon & Dunphy

Habush vs. Cannon Dunphy Ross Fishman Law Firm Marketing Expert Report .pdf

Ross Fishman's law firm marketing expert witness report in Habush Habush & Rottier vs. Cannon and Dunphy. This report analyzes and details issues relating to the First Amendment; constitutional law, Google AdWords;...more

Stuart v. TUSD

Appeal from Denial of SLAPP

Appeal from denial of SLAPP motion. Court of Appeal opinion....more

Bauer v. Glatzer

Order Dismissing Second Amended Complaint Against Defendant Wikimedia Foundation, Inc.

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Barbara Bauer and Barbara Bauer Literary Agency, Inc. v. Jenna Glatzer

Reply Memorandum of Law in Support of Motion of Defendant Wikimedia Foundation, Inc. To Dismiss the Complaint

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Barbara Bauer & Barbara Bauer Literary Agency, Inc. v. Jenna Glatzer, et al.

Brief in Opposition To Motion To Dismiss

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Bauer v. Glatzer et al.

Memorandum of Law in Support of Motion of Defendant Wikimedia Foundation, Inc. To Dismiss the Complaint

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Bank Julius Baer & Co. Ltd., et al. v. Wikileaks, et al.

Notice of Dismissal

On February 6, 2008, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks" -- a website designed to give whistleblowers a forum for posting materials of public concern -- for hosting 14 allegedly...more

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