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Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

UK Defamation: when words seriously harm

by Hogan Lovells on

Evidencing in court that a defamatory statement has caused harm to your reputation can be notoriously difficult. The courts in the UK have therefore traditionally proceeded on the basis that, where a statement is proven to be...more

Pinpointing cancer’s cause: a costly, complex, maddening challenge

What exactly causes cancer? That may be, recent news reports indicate: - a question that’s heading into the billion-dollar range for a Big Pharma firm; - a painful conundrum for a Major League Baseball...more

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

by Jackson Walker on

When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

Tips for Avoiding Disparagement of a Competitor

by Revision Legal on

In the broadest sense, commercial disparagement involves advertising or other public statement including false or misleading information about a business that discourages consumers from buying from or dealing with that...more

Defamation Claim Over “Slavery Wasn’t So Bad” Comment Revived by Fifth Circuit

What if people thought you said that “slavery wasn’t so bad?” Would it harm your reputation? Would it matter if the statement was contextualized with various caveats? According to the Fifth Circuit’s August 15, 2017 opinion...more

California Employers May Sue For Online Defamation

by Fisher Phillips on

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a...

A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine to what extent (if any) media companies may be held responsible for what their talent...more

Open Questions on Media Company Liability for Statements Made by Talent

by Akin Gump - Excubitor on

A recent case has raised questions about whether or not a media company can be held liable for defamatory statements made by its talent on social media. The case arose after a falling out between two television stars, Mykel...more

Five Steps to Respond to Revenge Porn

by Revision Legal on

A friend calls and tells you that there are nude photos of you online and they’re pretty sure you didn’t post them. You go to the website they tell you and sure enough, there they are – pictures you once shared with someone...more

Defence & Indemnity - June 2017: IV. PRACTICE ISSUES - Olsen v. Facebook Inc., 2016 NSSC 155, per Wood, J. [4231]

by Field Law on

IV. PRACTICE ISSUES - A. The Court may order a social media provider such as Facebook to reveal the identity of anonymous posters where the interests of justice favour such disclosure. Olsen v. Facebook Inc., 2016 NSSC...more

Actor James Woods’ Multiple Lawsuits Highlight Dangers of Inflammatory Social Media Postings

by Akin Gump - Excubitor on

Earlier this year, a resident private citizen filed suit against celebrity James Woods, alleging that he defamed her via his postings on a popular short-form social media. The current suit follows a similar case brought by...more

Associated Press Files Anti-SLAPP Motion in DC Federal Court Diversity Case

by LeClairRyan on

In January, I wrote about the DC Court of Appeals’ then-recent Mann decision, and specifically about the Court’s response to the DC Circuit’s Abbas decision, which held that the DC anti-SLAPP statute could not apply in a...more

Are False Accusations Of Copyright Infringement Defamatory?

Is it defamatory to falsely accuse someone of infringing intellectual property? Last month, the California Court of Appeal, in FilmOn.com v. DoubleVerify, Inc., affirmed the dismissal of a defamation action in which the...more

Sarah Palin’s Suit Against The New York Times Faces Some Key Challenges

by Akin Gump - Excubitor on

On June 27, Sarah Palin, former Alaska governor and vice-presidential candidate, filed a complaint against The New York Times for defamation in the Southern District of New York. Palin alleges a Times editorial defamed her by...more

Coal Executive Has His Feelings Hurt by Television Comedian John Oliver, Sues for Defamation

by Akin Gump - Excubitor on

In a Sunday, June 18, 2017, segment on John Oliver’s news comedy television show, Last Week Tonight, Oliver predicted that the founder and CEO of the largest privately owned coal company in the United States, the litigious...more

Trail Immunity Not a Given for Public Agencies When Injuries Caused by Adjacent Property

by Best Best & Krieger LLP on

Of the many immunities available under the California Government Code, “trail immunity” under section 831.4 has long shielded public entities from liability when injuries are suffered by those using public property for...more

Massachusetts Supreme Judicial Court Tosses Out Defamation Case Against Deval Patrick Based on Failure to Plead “Actual Malice”

by Akin Gump - Excubitor on

Last week, the Massachusetts Supreme Judicial Court dismissed a defamation case against former Governor Deval Patrick, related to statements Patrick had made about his decision to replace the chair of the State Sex Offender...more

Supreme Judicial Court Punts On Executive Defamation Privilege

Last week, everyone in Washington, D.C. was talking about the invocation of “executive privilege,” the ability of a President to withhold information from, for example, an investigation into Russian influence on the U.S....more

Latest Updates To Ediscovery for Defendants Cheat Sheet

by Reed Smith on

This is our quasi-annual update to our cheat sheet about ediscovery for defendants. Essentially that means using discovery to obtain access to what plaintiffs have said about themselves, and their supposed injuries, on...more

How Can Social Media Negatively Impact Your PI Case?

With the advent of smartphones and social media apps, many Southern Californians have become extremely comfortable sharing pictures, video recordings and other content about themselves on their social media accounts. ...more

May 2017: California Court Issues Decision Regarding Protection of Statements to Press Regarding Litigation

In Argentieri v. Zuckerberg, 8 Cal. App. 5th 768 (1st Dist. 2017), the California Court of Appeal recently held that an attorney’s statements to the press summarizing the allegations of a complaint are protected by the “fair...more

Jury Selection Begins in “Pink Slime” Defamation Trial

by Akin Gump - Excubitor on

Beef Products, Inc. and ABC News will begin selecting a jury today in South Dakota state court in a case involving an allegedly misleading report about finely textured beef, which ABC News described as “pink slime.” The trial...more

Proliferation of User Generated Fake News Sites Targeting Small Businesses

by Akin Gump - Excubitor on

A recent investigation uncovered two separate networks that together own at least 30 identical sites, each of which allows users to “prank” their friends by creating their own false news stories and post the creations to...more

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

by Payne & Fears on

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...more

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