News & Analysis as of

Slander

Removing Elected Officials For Libelous Or Slanderous Statements

by Allen Matkins on

Although the above quotation sounds as if it could have been written today, it was in fact penned more than three decades ago as part of the successful ballot argument in favor of Proposition 20. As a result of the...more

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

by Bowditch & Dewey on

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

Defamation Takes A Holiday: Slander And The Salem Witch Trials

Hypothetical: You go out for a nice stroll one Halloween only to have a neighbor emerge from his house with a pitchfork and accuse you of being a witch in front of the whole village. For the sake of argument, let’s say you...more

You Are the Victim of Defamation: Should You Sue?

It is not unusual to get a telephone call from a client or prospective client (let’s call him John), who says, “Somebody is saying false things about me. I want it to stop, I want an apology, and I want damages.”...more

Client Alert: Microwave Ovens in “American Hustle” Constitute a Matter of Public Interest

In Brodeur v. Atlas Entm’t, (No. B263379, filed 6/6/16), the California Court of Appeal for the Second Appellate District held statements regarding the safety of microwave ovens in the hit film “American Hustle” constituted a...more

California’s Correction Statute Amended to Protect Online and Weekly Publications

by Davis Wright Tremaine LLP on

The California Legislature recently amended Civil Code § 48a to make clear that California’s correction statute applies to weekly and online publications performing the same news-disseminating function as a daily newspaper,...more

Purchasing Cyber Insurance? Important Considerations from the Recent Nossaman/ UCI Cyber Symposium

by Nossaman LLP on

On October 12, 2015, Nossaman and UC Irvine hosted a Cyber Symposium at the City Club in Los Angeles. The event included four panels of Nossaman lawyers, UCI professors, and private professionals who are experts in the areas...more

Gilead Sciences, Inc., et al. v. Abbott Laboratories, Inc., et al., C.A. No. 13-2034-GMS, March 13, 2015.

by Morris James LLP on

Sleet, J. Defendant’s motion to strike counts 9 and 10 under California’s Anti-SLAPP Stature is granted with prejudice. Defendant’s motion to dismiss counts 9-11 is denied in part and granted in part. Plaintiff’s motion to...more

When Can A Slanderous Facebook Posting Support Personal Jurisdiction?

by Low, Ball & Lynch on

Douglas Burdick v. The Superior Court of Orange County - Court Of Appeal, Fourth Appellate District (January 14, 2015) - This case helps clarify when an Internet posting may be sufficient to support personal...more

The Defamation Act 2013: To sue or not to sue?

by Dechert LLP on

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending February 14, 2014

by Carlton Fields on

I. FLORIDA STATE CASES – SARA WITMEYER - Arbitration/Waiver: defendant waived right to arbitration by defending against claim of replevin in court litigation for two years – Gen. Elec. Capital Corp. v. Bio-Mass Tech,...more

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not...

by Holland & Knight LLP on

Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 9 & 16, 2013

by Carlton Fields on

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more

Word of Mouth Marketing: The Bad, and the Ugly

by Greentarget on

The ‘wild west’ nature of the Internet is creating a tough environment for businesses relying on word of mouth marketing (WOMM). While this is a challenge that generally impacts consumer product companies, recent findings...more

General Liability Policies May Cover Antitrust, Patent, and Other Business Litigation – Part 1

General liability insurance is frequently overlooked in business litigation. These policies, however, include coverage for “disparagement” and “malicious prosecution.” Both terms are construed broadly and may provide coverage...more

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Cybersecurity

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