Anti-SLAPP

News & Analysis as of

People v. The McGraw-Hill Companies, Inc. et al

One thing common to all appellate lawyers— they love to appeal. But, as all appellate lawyers know, the right to appeal is fixed by statute. (Trede v. Superior Court (1943) 21 Cal.2d 630.) Thus, our ability to practice our...more

Texas Supreme Court to Hear Defamation Case Involving Fracking Claims

On August 21, 2014, the Texas Supreme Court agreed to hear oral arguments in an ongoing dispute between a homeowner and Texas-based oil driller Range Resources Corp. The case is not a typical homeowner vs. oil driller...more

Doctor’s Slapp at Yelp Reviewer Largely Dismissed by DC Superior Court

Yelp, and websites like it, have certainly added to the development of law in the First Amendment area. The Virginia Supreme Court is poised to decide the standard for unmasking anonymous commentators on websites like Yelp. ...more

Reviews Posted Under a Pseudonym Could be Defamatory

As written on this blog before, plaintiffs often have difficulty when alleging claims of defamation against anonymous defendants. Unsurprisingly, websites that provide a forum for anonymous commentary are loathe to reveal the...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

A History Of Massachusetts Anti-SLAPP Legislation As A Vehicle For Protecting First Amendment Petitioning Activity From...

Before the passage of anti-SLAPP legislation, citizens engaged in First Amendment petitioning activity often found themselves the targets of retaliatory lawsuits. For example, a group of neighbors might speak out at a local...more

SLAPP’d in Los Angeles: What types of Lawsuits are Protected by California’s Anti-SLAPP Law

This post is the second in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. In the prior post, I described in general what California’s anti-SLAPP law...more

PissedConsumer.com SLAPPs Back

From the land of Wayne Newton and Brittney Spears comes news of an interesting lawsuit implicating the Nevada anti-SLAPP statute. Techdirt.com explains that the lawsuit, Opinion Corporation d/b/a PissedConsumer.com v. Nevada...more

Could the DC Circuit Decide the Abbas Appeal While Avoiding the “Erie” Issue?

I have previously explained that Yasser Abbas’s appeal from the district court’s decision, granting the defendants’ anti-SLAPP motion, will likely force the DC Circuit to decide whether the DC anti-SLAPP statute applies in...more

DC Court of Appeals Holds that Denial of Motion to Quash Under DC Anti-SLAPP Statute Is Immediately Appealable

Yesterday, in its first decision interpreting the DC Anti-SLAPP statute, the DC Court of Appeals (DC’s highest court) held that: - the denial of a special motion to quash under the statute is immediately appealable...more

D.C. Court of Appeals Permits Early Anti-SLAPP Appeals for Anonymous Speakers

In a victory for anonymous speech, journalists and free speech advocates, the D.C. Court of Appeals, in John Doe No. 1 v. Burke (No. 13-CV-83), issued its first decision under the D.C. Anti-SLAPP statute....more

CalPERS Allowed To Continue Rating Agency Suit

In 2009, the California Public Employees’ Retirement System filed a lawsuit alleging negligent misrepresentation and negligent interference with prospective economic advantage against Moody’s Investors Services, Inc., Moody’s...more

Fourth Federal Court Judge Holds That DC Anti-SLAPP Statute Can Be Applied In Federal Court

Another DC federal court judge recently held that the DC anti-SLAPP statute applies in federal court, and applied it to dismiss a libel and related torts action. This decision, in Forras v. Rauf, means that four DC federal...more

What Has Fahlen Wrought?

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

Directors’ Alleged Breach Of Fiduciary Duty Not Subject To Anti-SLAPP Statute

A SLAPP is a strategic lawsuit against public participation. California enacted Code of Civil Procedure Section 425.16 as an antidote to SLAPP suits. In general, a SLAPP is subject to a special motion to strike unless the...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

Court of Appeals Rejects Constitutional Challenges to Anti-SLAPP Statute, Affirms Dismissal of Lawsuit Targeting Allegedly...

In one of the first published decisions to interpret Washington’s new anti-SLAPP statute, the Washington Court of Appeals this week affirmed a trial court’s dismissal of a lawsuit that arose from a consumer boycott of Israeli...more

Williams v. Cahill

Williams v. Cahill - California Court of Appeal, March 26, 2014: California appellate court affirms denial of defendant’s anti-SLAPP motion, finding that, although defendant’s statements on ABC television show “20/20”...more

The Case Of The Defamed Doctor – SLAPP’ing Down Defamation Cases In Texas

While on a date to the Laugh Factory Comedy Club, Terry Tellsall busted a gut laughing and was rushed to Texas General Hospital. Incensed by the treatment and bedside manner he received from Dr. B.D. Manner, Terry barraged...more

My DC Anti-SLAPP Motion Was Denied! — Now What?

In 2011, the District of Columbia joined 28 states in passing legislation aimed at stopping Strategic Lawsuits Against Public Participation suits. SLAPP suits are usually brought by powerful interests who want to silence...more

Abbas Appeal Will Likely Force DC Circuit To Decide Erie Issue

Unless something unexpected happens, the Abbas v. Foreign Policy Group appeal will force the DC Circuit to expressly decide whether the DC anti-SLAPP statute applies in federal court (the so-called “Erie” issue). ...more

Cherms v. Sony Online Entertainment LLC - California Superior Court, February 2014

Plaintiff sued Sony Online Entertainment, a publisher, developer, and seller of video games, for negligence and products liability, alleging that he suffered emotional distress as a result of his adult son’s addiction to...more

Ninth Circuit Asks California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations”...

Court Also Holds Failure to Closed-Caption Online Videos is Not Intentional Discrimination Under State Unruh Civil Rights Act, and that Website Decisions Whether to Caption Occur in Furtherance of First Amendment Rights Under...more

Legal Perspective on Negative Online Reviews: What Both Sides Should Consider Before Jumping Into the Fray

We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back....more

The Bill Graham Show Goes On … and On - Graham-Sult v. Clainos

The U.S. Court of Appeals for the Ninth Circuit concluded that the federal district court erred in dismissing claims for copyright infringement, conversion and declaratory relief brought by the sons of the late concert...more

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