Texas Supreme Court Draws Line on Attorney Immunity Privilege
What Health Care Providers and Facilities Should Know About the PREP Act's "Covered Countermeasures"
What No Statutory COVID Immunity Means for Businesses
Blakes Continuity Podcast: Life Sciences: Liability and Immunity During COVID-19
More Emerging Litigation Claims and Demands from COVID-19
In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more
The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more
This article discusses Business Disparagement under Texas law. This article does not discuss the tort of defamation or slander of title. Although similar to defamation or slander of title, the false assertion in a business...more
Last month, I served on a panel for the State Bar of Texas Environmental Law Superconference, which focused on an important recent decision by the Texas Supreme Court. In Landry’s Inc. and Houston Aquarium, Inc. v. Animal...more
When a doctor is subject to a formal peer review proceeding, those involved must pay close attention to the medical staff bylaw and any hospital policies, procedures, and rules governing the process. These protections require...more
In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more
People turn to the internet to find reputable businesses, compliment a local coffee shop, and even lambaste the service at a nearby restaurant. The ubiquitous influence of online ratings, rants, and reviews is felt by...more
In a closely watched case, the California Supreme Court on Monday confirmed it will continue to broadly interpret the immunity provided by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Hassell v. Bird,...more
In a long-awaited decision, the California Supreme Court ruled this week that Yelp cannot be forced to remove a review posted on its website. Hassell v. Bird, 2018 WL 3213933 (Cal. Sup. Ct. July 2, 2018). Both the superior...more
What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal...more
Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with...more
On May 2, 2016, the New York Supreme Court for the County of Westchester granted defendant Seeking Alpha, Inc.’s motion to dismiss plaintiff Mark Nordlicht’s (“Plaintiff”) defamation complaint in the case styled as Nordlicht...more
We have repeatedly cautioned that those employees who are required by law to make reports to the Department of Children and Families [“DCF”] of suspected child abuse and neglect should always err on the side of caution and,...more
A former high school teacher and NFL cheerleader sleeps with her student. She faces widespread scorn, including scathing Internet comments. Despite the scorn, she becomes engaged to the student....more
On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more
The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the...more