On Wednesday, during his radio show, Rush Limbaugh discussed a college student who had testified at a Congressional hearing, stating that she needed her birth control to be covered by the school's health insurance. Limbaugh…more
There are still many attorneys making money representing clients on Internet defamation cases that can’t be won. They are either ignorant of the law, or ignoring it. My firm has been schooling others on the Communications…more
When is a breach of contract also fraud? When the party never intended to perform.
So how do you get into the mind of the defendant to determine if he intended to perform when he signed the agreement? Thankfully, California…more
Some callers to my office, wanting to sue for defamation because someone said terrible, false and hurtful things about them, are disappointed to learn that they cannot seek legal action because the speech falls under a…more
One of our latest anti-SLAPP victories provides a beautiful illustration of a “stealth” SLAPP suit that the plaintiff’s attorney failed to recognize, to the great expense of his client.
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A judge in Houston has ruled in favor of an employer who allegedly fired a woman who wanted to use the bathroom to breast-pump.
Title VII doesn’t say anything about lactation, so Judge Lynn Hughes found that the lawsuit was…more
The District of Columbia instituted an anti-SLAPP procedure back in March but the judges are having a heck of a time figuring it out.
Judge Rufus G. King III of the D.C. Superior Court got it right. A local television station…more
Freemiums are a great way to promote a law firm. A potential client visits your blog and is greeted with an offer of an essential report for free. And why would you do that? Because you must capture the client’s email address…more
So you are contemplating suing in your home State, but the defendant is out-of-state. No problem, you'll just fire off a demand letter. Indeed, the fact that the defendant will need to travel to your State to defend the action…more
I have frequently written on the pros and cons of the Communications Decency Act (“CDA”). Without it, no website could permit comments, but by the same token it allows unscrupulous website operators to encourage defamatory…more
Your attorney just filed a civil complaint for you or your company, but is it a SLAPP suit? If it is, you will pay a high price for the mistake. If you are unclear on what constitutes a SLAPP suit, or have never even heard the…more
I run into this attitude from judges occasionally. Thankfully, I've always been able to turn them around, but when I read about it, it still raises my hackles a little.
The attitude of which I speak was most recently…more
Kathleen Mello-Nevejas v. Annie Rowe
Former City Council member (Plaintiff) was offended by something that was said about her during a City Council meeting, and sued the person who made the statement (defendant) for defamation. Under Civil Code section 47,…more
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