News & Analysis as of

Anti-SLAPP

Carlton Fields

Florida Appeals Court Decisions Week of May 4 - 8, 2026

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U.S. Eleventh Circuit Court of Appeals - Fulton v. Fulton Cnty - en banc, vacating this prior opinion, Takings Clause, remedies - Alvarez v. Fed Detention Ctr - immigration, aliens, bond - Great Bowery v....more

Vedder

Anti-SLAPP Update: More Support and Nuance for Applying Anti-SLAPP Fee-Shifting in Federal Courts

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As we wrote about recently and elaborate on here, a U.S. Third Circuit judge has agreed that fee-shifting under New York’s anti-SLAPP law applies in federal court. The decision in Richey v. Showtime Networks Inc. highlights...more

Sheppard

A Motion Defeated by a Calendar, Not a Court: Why Notice Deadlines Matter in TCPA Motions

Sheppard on

A recent ruling from Texas’s Fourteenth Court of Appeals carries a sharp warning for employers and businesses caught in long-running Texas litigation: the procedural rules governing a case can shift as claims evolve—a party’s...more

Vedder

Anti-SLAPP Update: Federal Judges Increasingly Agree That Fee-Shifting Applies in Federal Court

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Late last month, the U.S. Southern District of New York issued a pair of decisions finding that the fee-shifting provision of New York’s anti-SLAPP law, N.Y. C.R.L. § 70-a, applies in federal court....more

Fenwick & West LLP

A Small Character Becomes a Big Win for Creative Freedom in California

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The use of a real person’s likeness within a broader creative work is permissible, according to a California Court of Appeal opinion that reaffirms the broad shield of First Amendment protection for artistic expression....more

Benesch

Michigan’s Long-Awaited Anti-SLAPP Law: An Overview For Litigators

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Michigan’s Uniform Public Expression Protection Act (“UPEPA”), effective March 24, 2026, is designed to combat Strategic Lawsuits Against Public Participation, commonly known as “SLAPP” suits. Until now, Michigan was one of...more

Gray Reed

Can a Leaky Well Be Protected by Free Speech?

Gray Reed on

Yes, says Trivista Oil Company LLC v. Fort Apache Energy, Inc., Trivista sued Fort Apache for poaching its mineral lessors and obtaining top-leases in what could have been a more or less typical dispute of that nature. But a...more

Patton Sullivan Brodehl LLP

Court-Appointed Receivers are Protected by Quasi-Judicial Immunity

Judicial immunity bars civil actions against judges for acts they perform in the exercise of their judicial functions.  The reason behind this immunity is straightforward – we don’t want judges getting sued by disgruntled...more

Lowndes

Who Pays for Legal Fees in Estate Litigation? Lessons from the Michael Jackson Estate Dispute

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High-profile estate disputes often capture public attention because of the personalities involved. Beneath the headlines, these conflicts highlight all-too-frequent issues that arise in estates of all sizes. The ongoing legal...more

ArentFox Schiff

DC Court of Appeals Provides Key Guidance on Anti-SLAPP Dismissals, Public Figure Doctrine, and Actual Malice in Defamation Cases

ArentFox Schiff on

On March 12, the District of Columbia Court of Appeals issued a landmark decision interpreting the District’s Anti-SLAPP Act, the statutory scheme directed at deterring Strategic Lawsuits Against Public Participation...more

Snell & Wilmer

Semaan v. Mosier: California Court of Appeal Affirms Immunity for Receiver’s Discretionary Acts

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The California Court of Appeal has held that court-appointed receivers enjoy quasi-judicial immunity for their discretionary acts. Previous decisions suggested such protection for receivers, but a recent Court of Appeal...more

Brownstein Hyatt Farber Schreck

SLAPP Fight in Colorado: Plaintiffs Face Dueling Evidentiary Standards

An emerging split in the Colorado Court of Appeals may force the Colorado Supreme Court to revisit the state’s anti-SLAPP statute—soon after finally weighing in on the statute’s first prong as a novel question in Lind-Barnett...more

Harris Beach Murtha

New York Defamation Actions in 2026: Recent Trends

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In New York in 2026, defendants who move fast can often turn the tables early through strict timing rules, hard fact-versus-opinion lines, and anti-SLAPP fee exposure, even as “true story” dramatizations using real names...more

BCLP

Without Prejudice, Confidentiality and Professional Standards: Reflections on Hurst v SRA

BCLP on

The High Court’s decision in Ashley Hurst v Solicitors Regulation Authority [2026] EWHC 85 (Admin) marks a significant development for solicitors engaged in reputation management work. ...more

Benesch

Early Evidence? Not in This Court!: Supreme Court Clarifies Federal Rules Govern Over State Law

Benesch on

In Berk v. Choy, the Supreme Court held that a Delaware state law that requires plaintiffs bringing medical malpractice claims to set forth evidence of the suit’s merits via an affidavit of merit early in the case was...more

Warner Norcross + Judd

New Michigan Law Protects Free Expression: What Media, Publishers and Speakers Should Know

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Just in time for the holidays, the Michigan Legislature has passed a critically important piece of legislation for free expression, media organizations and all entities or individuals who communicate on matters of public...more

Brownstein Hyatt Farber Schreck

California Dreamin’: Colorado Follows California’s Anti-SLAPP ‘Public Interest’ Test

Colorado’s anti-SLAPP statute sets out a two-pronged procedure for determining whether defendants are immune from liability: (1) whether the alleged speech or conduct falls within one of four statutory categories of First...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: October 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. This month, we cover decisions affirming a large verdict for trade secret misappropriation, upholding a ruling that passwords are...more

Zuckerman Spaeder LLP

D.C. High Court Upholds the District’s Anti-SLAPP Act, in Win for Home Rule

Zuckerman Spaeder LLP on

On November 13, the D.C. Court of Appeals, sitting en banc, issued a unanimous opinion in Banks v. Hoffman, holding that the D.C. Council did not exceed its authority by passing the Anti-SLAPP Act.1 In so doing, the Court...more

Weintraub Tobin

The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

Weintraub Tobin on

After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative...more

Weintraub Tobin

(Podcast) The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

Weintraub Tobin on

After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative...more

Snell & Wilmer

Defamation Update: Will the Anti-SLAPP Statute Get Slapped Down?

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In a move that may fundamentally alter defamation litigation in Arizona, Maricopa County Attorney Rachel Mitchell in State v. Koert recently requested that the Maricopa County Superior Court declare Arizona’s anti-strategic...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2025 #2

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The NCAA on Friday declared six former Division I men’s basketball players permanently ineligible after investigations found they tried to fix games and provided information to gamblers about how they would manipulate...more

Loeb & Loeb LLP

OneTaste Incorporated v. Netflix, Inc.

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In defamation action brought against Netflix based on documentary stating that plaintiff was involved in the sexual assault and abuse of a former employee, California appeals court affirms striking of complaint because...more

McDermott Will & Schulte

When patent law meets free speech: Anti-SLAPP appellate jurisdiction

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The US Court of Appeals for the Federal Circuit determined that it had jurisdiction over an interlocutory appeal from a district court’s denial of a California anti-SLAPP (Strategic Lawsuit Against Public Participation)...more

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