News & Analysis as of

Defamation Anti-SLAPP

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 -

California Employment Law Notes - January 2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Title IX and Defamation: An Emerging Challenge Facing Higher-Education Institutions

by Littler on

There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months, eliminating sexual harassment and assault on campuses remains a...more

Another Superior Court Judge Dismisses SLAPP Suit

by LeClairRyan on

In the quintessential SLAPP suit, a large, well-heeled plaintiff (typically a corporation) sues an individual for something he/she said, which offends the plaintiff. The goal is to punish the speaker for the speech, so that...more

Religion, Kombucha, and the First Amendment: California Court of Appeal Affirms Dismissal of Defamation Claim Against Web...

by Kelley Drye & Warren LLP on

The California Court of Appeal issued a recent ruling with interesting ramifications for media, entertainment, and First Amendment practitioners. The decision by the Second District Court of Appeal, though unpublished, has...more

California Court of Appeals Affirms Dismissal Under Anti-SLAPP Statute of Defamation Claim Against Online Platform Hosting...

by Ballard Spahr LLP on

A recent appellate ruling may have important implications for online publishers who invite, encourage, and even compensate third-party contributors to post information without prior approval or review....more

Second Circuit Affirms Dismissal of Sheldon Adelson’s SLAPP Suit Against National Jewish Democratic Council

by Ballard Spahr LLP on

The Second Circuit has now affirmed dismissal of a defamation lawsuit brought by casino magnate and Republican mega-donor Sheldon Adelson against the National Jewish Democratic Council (NJDC) and two members of its...more

OPEN QUESTION: Applicability of Anti-SLAPP Act in Federal Court

by Strasburger & Price, LLP on

A recent Fifth Circuit opinion in a defamation action is raising concerns among media lawyers. The Fifth Circuit Decision - In Block v. Tanenhaus,[1] Walter Block appealed the dismissal under Louisiana’s anti-SLAPP...more

Defamation Claim Over “Slavery Wasn’t So Bad” Comment Revived by Fifth Circuit

What if people thought you said that “slavery wasn’t so bad?” Would it harm your reputation? Would it matter if the statement was contextualized with various caveats? According to the Fifth Circuit’s August 15, 2017 opinion...more

Appeal Held Moot and Dismissed By Court of Appeals

by LeClairRyan on

Last June, I wrote about the non-party subpoena served on the Competitive Enterprise Institute, and the anti-SLAPP motion to dismiss the CEI filed in response. In that post, I mentioned an earlier case where subpoenas were...more

Defamation and regulatory claims against short-sellers in Canada

by DLA Piper on

Public companies in Canada can reasonably expect a degree of scrutiny by market participants. Analysts might question fiscal projections. Shareholders might question board decisions. Regulators might question the adequacy of...more

Associated Press Files Anti-SLAPP Motion in DC Federal Court Diversity Case

by LeClairRyan on

In January, I wrote about the DC Court of Appeals’ then-recent Mann decision, and specifically about the Court’s response to the DC Circuit’s Abbas decision, which held that the DC anti-SLAPP statute could not apply in a...more

Massachusetts Courts Issue Key Decisions Concerning Zoning and Anti-SLAPP Law

by Goulston & Storrs PC on

Massachusetts Supreme Judicial Court Makes it Harder to Dismiss Lawsuits by Utilizing the “Anti-SLAPP” Statute - In Blanchard v. Steward Carney Hospital, SJC-12141 (May 23, 2017) (Slip Op.) the Massachusetts Supreme...more

California Anti-SLAPP Motions: Potential Pitfalls for Plaintiffs

by Snell & Wilmer on

California’s anti-SLAPP (“strategic lawsuit against public participation”) law has been an inviting first line of attack for defendants and cross-defendants—and a potential pitfall for plaintiffs and cross-complainants—ever...more

May 2017: California Court Issues Decision Regarding Protection of Statements to Press Regarding Litigation

In Argentieri v. Zuckerberg, 8 Cal. App. 5th 768 (1st Dist. 2017), the California Court of Appeal recently held that an attorney’s statements to the press summarizing the allegations of a complaint are protected by the “fair...more

Are Anti-SLAPP Statutes The Elephant In the Room?

by LeClairRyan on

Last year, I noted that several judges around the country were expressing concern that state anti-SLAPP statutes were being applied to cases that did not appear intended to “chill” legitimate speech. For example, a Texas...more

Superior Court Suit Alleges Arbitration Claim Is a SLAPP

by LeClairRyan on

If a person believes that a defamation claim being asserted against him in a pending arbitration is a SLAPP, can he ask the Superior Court to issue a declaration and an order stopping the claim from being pursued? A new...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Defamation Law Series: California Court of Appeal SLAPPS Several Claims Asserted Against Boxer Floyd Mayweather

by Kelley Drye & Warren LLP on

The California Court of Appeal recently dismissed several claims asserted against the famous professional boxer, Floyd Mayweather, Jr., by his ex-fiancé, Shantel Jackson. Mayweather and Jackson had been involved in an...more

Communications Between Public Relations Firm and Counsel Held Not Privileged

by Hinshaw & Culbertson LLP on

Behunin v Superior Court, __ Cal. Rptr. 3d ___ 2017 WL 977095 (March 16, 2017) - Brief Summary - The Second District of the California Court of Appeal ruled that communications between counsel and a public relations...more

Stop The Press’s Anti-SLAPP: Federal Judge In Georgia Denies CNN’s Motion To Strike In Defamation Suit

by Kelley Drye & Warren LLP on

A federal court in the Northern District of Georgia recently denied CNN’s motion to strike in a defamation lawsuit, ruling that Georgia’s anti-SLAPP statute has no application in federal court. This places the court on the...more

Texas Supreme Court Tosses Former Employee’s Defamation Suit Based on Matters of Public Concern Under the TCPA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Texas Supreme Court throws out a former employee’s defamation suit under the Texas Citizens Participation Act, finding that communications about his alleged failure to measure a petroleum storage tank...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

by Gray Reed & McGraw on

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

Defamation Law Series: Court Affirms Dismissal Of Claims Against Actor Marlon Wayans

by Kelley Drye & Warren LLP on

In Daniel v. Wayans, The California Court of Appeal recently affirmed a trial court’s decision to grant actor Marlon Wayans’ anti-SLAPP motion against Pierre Daniel. Daniel worked as an extra on the movie A Haunted House...more

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the...more

70 Results
|
View per page
Page: of 3
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.