News & Analysis as of

Defamation

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 -
Proskauer - California Employment Law

Another Gargantuan California Verdict… This Time for $18.6 Million

A San Diego jury awarded that amount to a former employee who claimed he was wrongfully terminated based on his arrest record and then defamed. Michael Tilkey worked for Allstate Insurance for 30 years and was fired from...more

Davis Wright Tremaine LLP

California Enhances Protection for Employers Against Defamation Claims by Alleged Sexual Harassers

by Davis Wright Tremaine LLP on

California recently passed legislation intended to provide enhanced protection from defamation claims by alleged sexual harassers against employers who have terminated them, and against victims who have accused them of...more

Fox Rothschild LLP

Increased Protections For Employers Answering Reference Requests

by Fox Rothschild LLP on

Maybe Governor Jerry Brown read my January blog post on references because, last week, he signed AB 2770 into law. Effective January 1, 2019, employers are protected by an expanded privilege when giving an employment...more

Clark Hill PLC

Online Providers of Third Party Content Cannot be Forced to Remove Defamatory Statements

by Clark Hill PLC on

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

Weintraub Tobin

California Law Now Provides An Express Statutory Privilege Against Defamation Claims By Those Accused Of Sexual Harassment

by Weintraub Tobin on

Under California law, an aggrieved person can bring a claim for defamation if the person is the subject of a false and unprivileged statement that is injurious to his/her reputation. Defamation can take the form of libel or...more

Proskauer - California Employment Law

New California Statute Shields Victims/Employers from Defamation Claims

California Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code. The bill should protect both sexual harassment victims and employers...more

Bryan Cave Leighton Paisner

Online Review Website Cannot Be Forced To Remove Defamatory Posts

by Bryan Cave Leighton Paisner on

The California Supreme Court ruled that an online publisher cannot not be forced by a court to remove a third-party post that was judicially determined to be defamatory. The 4-3 ruling by the California Supreme Court, issued...more

Haight Brown & Bonesteel LLP

Yelp Cannot Be Ordered to Remove Defamatory Online Review Posted by Disgruntled Former Client About Law Firm; Court Upholds...

In our Alerts dated June 22, 2016 and September 22, 2016, we followed the case of Hassell v. Bird where a lower court, in a matter involving a defamation action brought by a law firm (“Hassell”) against a disgruntled former...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Rules That Section 230 of Communications Decency Act Prevents Courts from Ordering Online Services to...

On July 2, 2018, the California Supreme Court issued its long-awaited decision in Hassell v. Bird, a case that challenged the federal statutory immunity that online services have traditionally enjoyed under 47 U.S.C. Section...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

by Ballard Spahr LLP on

In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

Pepper Hamilton LLP

#MeToo and the Media

by Pepper Hamilton LLP on

In the past year, allegations of sexual misconduct have regularly made headlines in top news outlets across the United States. The #MeToo movement has encouraged many individuals to make public the details of sometimes...more

Davis Wright Tremaine LLP

California Supreme Court Affirms Broad Section 230 Immunity

by Davis Wright Tremaine LLP on

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

K&L Gates LLP

Section 230 Immunity Protects Yelp from Injunction Order to Remove Defamatory Posts

by K&L Gates LLP on

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

LeClairRyan

Interesting Arguments in Fridman v. Bean LLC Briefs on Anti-SLAPP Special Motion To Dismiss

by LeClairRyan on

In February, I wrote about Fridman v. Bean LLC, where “three international businessmen” claim they were defamed by certain statements in one of the reports comprising the “Trump Dossier.” The defendants (Fusion GPS and Glenn...more

Nexsen Pruet, PLLC

Fourth Circuit Offers a Quick Look at Defamation in South Carolina

by Nexsen Pruet, PLLC on

In a slander action before the United States District Court on diversity jurisdiction, the jury returned a verdict awarding Plaintiff compensatory and punitive damages. The Defendant’s motion for judgment as a matter of law...more

Best Best & Krieger LLP

“Protected Activity” Rejected by California Appellate Court Under Anti-SLAPP Statute - School District Officials’ and Board...

by Best Best & Krieger LLP on

How and where public officials share information is critical to whether the dissemination is “protected activity” under California’s anti-Strategic Lawsuit Against Public Participation statute, an appellate court has found....more

Dentons

Canadians may need to pursue internet defamation lawsuits abroad

by Dentons on

Is a Canadian citizen, allegedly defamed in an on-line article published in his home province by a foreign newspaper, entitled to vindicate his reputation in the courts of the province where he lives and maintains his...more

LeClairRyan

Third DC District Court Judge Reaffirms that DC anti-SLAPP Statute Inapplicable In Federal Court

by LeClairRyan on

Last April, a picture was taken of Cassandra Fairbanks and Mike Cernovich in the White House press room flashing an ok hand gesture. At the time, rumors circulated on the Internet that the ok hand gesture meant “white power.”...more

Robinson+Cole RLUIPA Defense

Church Sues Virginia County Over Religious Discrimination Claims

Last month, a church known as Love of Life Fellowship, Inc. (the “Church”) sued the County of Chesterfield, Virginia, alleging religious discrimination resulting from its desired acquisition and use of 38 acres at 500 Baptist...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Fox Rothschild LLP

Suing Consumer Bureaus: An Interesting Canadian Law Distinction

by Fox Rothschild LLP on

In the US, it is almost universally established that BBB grades are opinion statements entitled to absolute privilege under the First Amendment of the Constitution. Some inroads on BBB liability have been made by attacking...more

Thompson Coburn LLP

When is a revision of an Internet post treated as a new post?

by Thompson Coburn LLP on

The limited time for suing for libel on an Internet post runs not only from the original posting, but also from when significant changes were made to the post, according to a decision from the New Jersey Supreme Court. The...more

Verrill Dana LLP

Take That Down: Recent Lawsuit on Negative Reviews

by Verrill Dana LLP on

“Beer: The cause and solution to all of life’s problems.” Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor...more

LeClairRyan

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

Pepper Hamilton LLP

Materially and Substantively Modifying Online Articles Restarts the Clock in NJ Defamation Claims

by Pepper Hamilton LLP on

The New Jersey Supreme Court recently held, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman, that New Jersey’s one-year statute of limitations for defamation claims restarts if an online article’s author materially...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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