Defamation Anti-SLAPP

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
News & Analysis as of

Hurdles to Bringing a Defamation Suit for an Online Review

Courts and the legislature alike have made it difficult for doctors and business owners of all kinds to succeed on a defamation claim for an online review, often treating these lawsuits as attempts to silence freedom of...more

Appellate Court Affirms Anti-SLAPP Dismissal of Defamation Lawsuit by Political Candidate

On October 30, in Goral v. Kulys, the Illinois First District Appellate Court affirmed dismissal of a defamation suit pursuant to the Illinois Citizen Participation Act, 735 ILCS 110/1 et seq. (the “Act”). The Goral decision...more

Abbas v. Foreign Policy Group DC Circuit Panel

The DC Circuit has announced that the Abbas v. Foreign Policy Group appeal will be heard on October 20, 2014 before Circuit Judges Kavanaugh, Srinivasan, and Senior Circuit Judge Edwards. I thought I would take a quick look...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

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

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

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

Weekly Law Resume - January 2014: Torts – Defamation and the Anti-Slapp Statute

Anthony K. Hui v. Beth Sturbaum - Court of Appeal, First Appellate District (January 9, 2014)- California’s anti-SLAPP statute (Code of Civil Procedure §425.16) was passed in 1992 because of the legislature’s...more

Farah v. Esquire: a Primer

I have previously blogged about the panel that will be hearing the Farah v. Esquire appeal on October 3. Here’s a brief summary on the relevant background facts, the proceedings in the district court and the pertinent issues...more

The Anatomy Of A Defamation Claim – Scottie Pippen’s Case Is Dismissed

I think Scottie Pippen is one of the most overrated players in the history of the NBA. My opinion may be soured because I am a Houston Rockets fan and the experiment with him, Olajuwon and Charles Barkley did not end well....more

Anti-SLAPP Legislation Introduced in Ontario

Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation has once again been introduced in Ontario. Now known as Bill 83, the draft Protection of Public Participation Act, 2013 received its first reading last...more

Ninth Circuit Raises the Stakes in California Anti-SLAPP Motions

On April 17, 2013, the Ninth Circuit issued an important anti-SLAPP decision in Makaeff v. Trump University, LLC, No. 11-55016 that raises the bar for parties seeking to defeat a California anti-SLAPP motion in District...more

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he...more

Sexual Harassment Complaints Are Subject To Anti-SLAPP Motions To Strike

Plaintiff Lisa Aber sued her employer and two of its employees, alleging that the employees had sexually assaulted her. Michael Comstock, one of the employee defendants, filed a cross-complaint against Aber, alleging claims...more

California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on...

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more

Most Popular Posts Of 2012

Yes, it’s the lazy way to do a post during the week before Christmas and New Year. In my next post, we will use this information to help predict the trends of legal issues for online media, marketing, internet law and...more

Labor Letter - September 2012

In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more

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