Anti-SLAPP

News & Analysis as of

Defamation Law Series: Court Affirms Dismissal Of Claims Against Actor Marlon Wayans

In Daniel v. Wayans, The California Court of Appeal recently affirmed a trial court’s decision to grant actor Marlon Wayans’ anti-SLAPP motion against Pierre Daniel. Daniel worked as an extra on the movie A Haunted House...more

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the...more

Supreme Judicial Court of Massachusetts Confirms Anti-Slapp Provisions Apply To “Protected Petition Activity”

On February 14, the Supreme Judicial Court of Massachusetts reviewed the application of the state’s “anti-SLAPP” law to challenges made against a blogged critique of Cardno Chemrisk, LLC (Chemrisk) and British Oetroleum (BP)...more

The 2016 Roundup of Key California Anti-SLAPP Decisions

In 2016, the California Supreme Court and the Ninth Circuit Court of Appeals issued important opinions interpreting California’s anti-SLAPP statute (C.C.P. § 425.16 et seq.), once again broadly construing its application. See...more

Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

First was the lawsuit filed by Yasser Abbas, the son of the Palestinian President, against Foreign Policy Group and one of its reporters, alleging that they defamed him by asking whether he was profiting from his father’s...more

Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on...

In Barry v. The State Bar of California (No. S214058 – 1/5/2017), the California Supreme Court affirmed the trial court’s grant of the State Bar of California’s (“State Bar”) underlying anti-SLAPP motion (Code of Civil...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Three Takeaways from the DC Court of Appeals’ Mann Decision

There have been numerous articles about the long-awaited DC Court of Appeals’ opinion in Michael Mann’s libel suit against the National Review and Competitive Enterprise Institute, including in the Washington Post, Buzzfeed,...more

National Roundup of Important Anti-SLAPP Appeals

After the DC Circuit issued its decision in Abbas v. Foreign Policy Group last year, holding that the DC anti-SLAPP statute does not apply in a federal court diversity case (and disagreeing with every other federal appellate...more

Employment Law Navigator – Week in Review: December 2016 #3

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

Former American Idol Contestant’s Defamation and False Light Claims Dismissed

The California Court of Appeal recently dismissed former American Idol contestant Corey Clark’s claims against Radar Online, LLC (“Radar”), concluding that Radar’s anti-SLAPP motion should have been granted. In 2003,...more

Social Media and Georgia’s New Anti-SLAPP Statute

These days, one of the most effective ways to advertise your business is through social media platforms such as Facebook, Instagram, or Twitter. At virtually no cost, social media allows you to conveniently market your...more

AGG Litigation Insights Newsletter - Fall 2016

Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...more

Is a Consumer Trade Association’s Speech Covered by the DC Anti-SLAPP Act?

When a consumer trade association “speaks” about the health effects of a product, is its speech on an issue of public interest, and thus within the scope of the DC anti-SLAPP statute, or is it in furtherance of the...more

Slapped Down: California Supreme Court Rules Anti-SLAPP Law Applies to Mixed Causes of Action

In Baral v. Schnitt, the California Supreme Court addressed a question that has divided California appellate courts for more than a decade: whether a special motion to strike under California’s anti-SLAPP statute (C.C.P....more

Anti-SLAPP Applies to Concealment Claim

Suarez v. Trigg Laboratories Inc., Court of Appeal, Second District, Division 4, California, September 7, 2016, Case No. B26511 - The California Court of Appeal for the Second District holds that anti-SLAPP statute...more

Appellate Court Denies Special Effects Provider’s Request for Discovery Regarding Anonymous Speaker’s Identity in Defamation Case

Last month the California Court of Appeal addressed whether Avongard Products U.S.A. Ltd., doing business as Hydraulx, a preeminent film industry visual special effects provider, made a prima facie showing that certain...more

California Supreme Court Curbs Responses to Anti-SLAPP Motions

Elected Officials’ Free Speech Rights Analyzed - Individual elected officials are exercising their right to free speech when they cast their votes — even if those votes might be the result of corruption or based in a...more

Cumis Counsel’s Post-Settlement Conduct is Not Protected from Insurer’s Reimbursement Lawsuit Under California’s Anti-SLAPP...

In Travelers Cas. Ins. Co. of Am. v. Hirsh (No. 14-55539), the United States Court of Appeals for the Ninth Circuit upheld an order denying the appellant’s motion pursuant to California’s anti-SLAPP statute, to strike...more

California Supreme Court Clarifies Standards for Anti-SLAPP Motions to Strike So-Called “Mixed Causes of Action”

This week the California Supreme Court clarified that California’s anti-SLAPP statute, California Code of Civil Procedure § 425.16, permits the movant to strike a portion of a so-called “mixed cause of action” that combines...more

Calif. Supreme Court Resolves Conflict in Anti-SLAPP Procedure, Provides Guidance to Litigants

The California Supreme Court resolved a decade-long conflict among lower appellate courts in its watershed opinion Baral v. Schnitt, Case No. S225090, 2016 WL 4074081, *1 (Cal. Sup. Ct. Aug. 1, 2016). Now, courts must allow a...more

California’s Anti-SLAPP Statute Untangled

On August 1 the California Supreme Court finally resolved a split of authority among California’s appellate courts over operation of the anti-SLAPP statute, Code of Civil Procedure section 425.16, in the mixed cause of action...more

Appellate Court Affirms Order Denying Anti-SLAPP Motion to Strike Claim for Libel by Implication

Plaintiff Leah Manzari, an alleged pioneer in the online adult entertainment industry and purportedly famous under her professional name, Danni Ashe, filed suit for libel and false light in California district court, alleging...more

Algorithms and the Perception of Bias

On Saturday, July 23, Facebook acknowledged its anti-spam systems had briefly and accidentally blocked links to WikiLeaks files containing internal Democratic National Committee (DNC) emails. WikiLeaks had released 19,000...more

Sex, Lies and Defamation

On Monday, July 25, 2016, the Ninth Circuit emphasized the continuing viability of defamation claims in cyberspace, notwithstanding a culture saturated in images and "anything goes," by permitting a defamation claim by an...more

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