News & Analysis as of

Anti-SLAPP

Ninth Circuit Clarifies Standards for Applying SLAPP Procedure in Federal Court

by Davis Wright Tremaine LLP on

The Ninth Circuit issued an opinion last week clarifying the standards applicable to anti-SLAPP motions in federal court, which is accompanied by a concurrence inviting the court to revisit its decision to hear anti-SLAPP...more

Another Judge Refuses To Apply Anti-SLAPP Statute In Federal Court Diversity Case

by LeClairRyan on

For those hoping that, after the DC Court of Appeals’ Mann decision, DC federal district judges would again apply the DC anti-SLAPP statute in a diversity suit, as multiple judges had done before the DC Circuit’s Abbas...more

Texas Anti-SLAPP Statute Stalls Lessee’s Counterclaim

by Gray Reed & McGraw on

It is often a worthy strategy for the lessee to be aggressive with counterclaims against the lessor. Lessees should think twice about that strategy if it means complaining about the lessor’s public statements. In Lona Hills...more

California Employment Law Notes - May 2018

We invite you to review our newly-posted May 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include...more

California Court Of Appeal Holds That Disclosure Of Confidential Information Protected By Anti-SLAPP Statute

by Seyfarth Shaw LLP on

A recent California Court of Appeal decision held that the receipt, retention and dissemination of confidential information by a whistleblower’s attorney is protected by the state’s anti-SLAPP statute. MMM Holdings, Inc. v....more

Superior Court Dismisses Anti-SLAPP Complaint Aimed at Arbitration

by LeClairRyan on

Last year, I blogged about the Wilkenfeld v. Steward Partners complaint filed in DC Superior Court, where Ari Wilkenfeld was asking the court to stop an arbitration from proceeding against him, because he believed the...more

Robo-Team Complaint Dismissed For Lack of Personal Jurisdiction

by LeClairRyan on

Last November, I blogged about Robo-Team NA, Inc. v. Endeavor Robotics, where Robo-Team alleged that a competitor (Endeavor) spread a false rumor that the Chinese government controlled Robo-Team, and used it to steal military...more

Real Litigation - Reichenbach v. Haydock

by Goulston & Storrs PC on

In Reichenbach v. Haydock, 92 Mass.App.Ct. 567 (2017), the Massachusetts Appeals Court clarified the evolving legal framework used to determine whether a case should be dismissed under G.L. c. 231, § 59H, the anti-Strategic...more

When Does a Party “Prevail” Under the DC Anti-SLAPP Statute

by LeClairRyan on

When I last wrote about the Jacobson v. Clack case, Jacobson had voluntarily dismissed the suit (two days after a hearing on the defendants’ anti-SLAPP motion, but before the Superior Court ruled on the motion). I wondered if...more

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

by Perkins Coie on

The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free...more

Stormy Daniels’ Attorney May Have Fallen Into SLAPP Trap - Legal Analysis by BB&K Attorneys Damian Moos and Kandice Kim in Law360

by Best Best & Krieger LLP on

California’s anti-SLAPP statute presents a formidable trap for the unsuspecting plaintiffs attorney, especially when it comes to claims that are based on statements connected to an actual or possible legal matter. The...more

Judge Questions Whether Ontario’s “Anti-SLAPP” Law Strikes the Right Balance

In a recent Ontario Superior Court of Justice decision, Justice E.M. Morgan used Ontario’s new “anti-SLAPP” laws to dismiss a defamation action against The Globe and Mail (Globe). In doing so, however, Justice Morgan raised...more

de Havilland vs Feud – FX Wins Round in California Court of Appeal

by Dorsey & Whitney LLP on

It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

For Frankie Carbone, Crime Doesn’t Pay

by Jackson Walker on

“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray...more

California Employment Law Notes - March 2018

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

CA Court of Appeal Confirms Narrow Construction for Anti-SLAPP Commercial Speech Exemption

A recent California Court of Appeal decision highlights the narrow construction given to the commercial speech exemption of California’s anti-SLAPP statute, and the burden on plaintiffs opposing an anti-SLAPP motion on the...more

Investigative Report At Center of Alleged SLAPP

by LeClairRyan on

An interesting case is playing out in DC Superior Court. The plaintiffs allege, in a 103-page, 535-paragraph complaint, that they were defamed and cast in a false light in a 541-page report that was commissioned by the...more

2017 Oregon Update: Oregon Courts Fill in Holes Left in Anti-SLAPP Proceedings

by Davis Wright Tremaine LLP on

The development of Oregon’s anti-SLAPP law in 2017 resembles the progress of salmon headed upstream in Oregon rivers: slow, but definitely steady. It appears from an informal survey that more anti-SLAPP special motions to...more

A Glimmer of Hope to Bring D.C. Anti-SLAPP Back to Federal Court

by Davis Wright Tremaine LLP on

Following the D.C. Court of Appeals’ December 2016 decision in Competitive Enter. Inst. v. Mann, 2017 had the potential to be a big year for anti-SLAPP litigation in the nation’s capital. The decision, which put into question...more

The 2017 Roundup of California Anti-SLAPP Appellate Decisions

by Davis Wright Tremaine LLP on

In 2017, California’s state and federal appellate courts issued 34 published opinions interpreting the state’s anti-SLAPP statute (C.C.P. § 425.16 et. seq.) and more than 169 unpublished appellate opinions. The California...more

Scientist Drops Suit After Anti-SLAPP Hearing

by LeClairRyan on

There have been several notable developments in the scientist v. scientist case since our last post. In January, Mark Jacobson responded to the anti-SLAPP motions filed by the National Academy of Sciences and Christopher...more

Party-by-Party Analysis Adopted for Anti-SLAPP Motions to Dismiss - California Court of Appeal Applies Anti-SLAPP Statute to Some...

by Best Best & Krieger LLP on

A party-by-party analysis was adopted by an appellate court for the California anti-SLAPP statute, significantly narrowing the scope of a lawsuit brought against the City of Alameda and its employees. ...more

“All We Need Is Just a Little Patience”

by LeClairRyan on

In 1987, I heard Welcome to the Jungle, and its distinctive opening guitar riff, and it was unlike anything I had ever heard before. One year later, GNR released Patience, a quiet song that opened with Axl whistling...more

Free Speech Issues

A. Anti-SLAPP (Strategic Litigation Against Public Policy)Law, Code of Civil Procedure § 425.16 - 1. Anti-SLAPP Statute Does Not Provide a Safe-Harbor Against Employee FEHA Lawsuits, Even if the Claims Arise Partially from...more

The Anti-SLAPP Heard Round The World? The Broad Language Of The TCPA Has Lead To Unintended Consequences And Extreme Results.

by Fox Rothschild LLP on

The Texas Citizens Participation Act (“TCPA”), enacted in 2011, is the Texas version of an Anti-SLAPP statute, which have been enacted by over 30 states around the country to protect free speech and the right of association...more

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