News & Analysis as of

Public Interest Anti-SLAPP

McDermott Will & Emery

Golden State of Mind: Anti-SLAPP Defense Versus Privacy Rights

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion to strike a putative class action suit brought under Section 425.16 of California’s anti-SLAPP statute, finding that the case fell...more

Weintraub Tobin

(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

Weintraub Tobin on

In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Weintraub Tobin

The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

Weintraub Tobin on

In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Littler

SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

Littler on

On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of...more

Weintraub Tobin

IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law

Weintraub Tobin on

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her...more

Allen Matkins

Court Leans On Minutes To Find That Non-Inaction Is Action

Allen Matkins on

California's anti-SLAPP statute provides that a special motion to strike may be filed against "[a] cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The Public Interest Exemption to California’s Anti-SLAPP Law

This week, the Ninth Circuit affirms the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, with two of the judges on the panel questioning the Court’s precedent holding that such...more

Davies Ward Phillips & Vineberg LLP

Ontario Court of Appeal Issues Decision in The Catalyst Capital Group Inc. v West Face Capital Inc.

The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association1 (Pointes Protection) and Hansman v Neufeld2 (Neufeld), has issued its...more

Davies Ward Phillips & Vineberg LLP

Canada’s Top Court Confirms Anti-SLAPP Motions Protect Speakers, Not Plaintiffs

The Supreme Court of Canada, in commenting on anti-SLAPP legislation for the third time in the span of three years, has confirmed that even potentially meritorious claims must be dismissed if the public interest in the...more

Littler

Ontario, Canada Appeal Court Decides Findings of Workplace Investigation Were Not Defamatory

Littler on

In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more

BakerHostetler

AD-ttorneys@law - October 2022

BakerHostetler on

Whether you’re a hardened business air warrior or someone who takes the occasional vacation flight, you’re conscientious. You understand that air travel makes a heavy contribution to CO2 emissions, and you’re wondering what...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeals) - August 29 - September 2, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decisions last week: Hoffmann v. Young, et al., Case No. S266003: Under Civil Code section 846, landowners generally owe no duty of care to keep their property safe for...more

Allen Matkins

If Form 10-K Statements Are "Protected Activity", What About Form 8-K and 10-Q Filings?

Allen Matkins on

Yesterday's post concerned the California Court of Appeal's holding that statements made in a Form 10-K were "protected activity" under California's Anti-SLAPP statute because they were made "in connection with an issue under...more

Allen Matkins

Court Holds Form 10-K Statements Constitute "Protected Activity"

Allen Matkins on

Under California's Anti-SLAPP law, a defendant may bring a special motion to strike any cause of action "arising from any act of that person in furtherance of the person's right of petition or free speech under the United...more

Proskauer - Minding Your Business

Court Rules that New York’s New Anti-SLAPP Law Applies Retroactively

On June 30, 2021, pop star Kesha was reportedly handed a victory by a New York state court, which ruled that the state’s new anti-SLAPP legislation applied retroactively to music producer Dr. Luke’s lawsuit, in which he...more

Blake, Cassels & Graydon LLP

Anti-SLAPP Litigation: Ontario Court of Appeal Applies Recent SCC Decisions

Four months after the Supreme Court of Canada (SCC) ruled on the test for Ontario’s anti-SLAPP legislation, the Ontario Court of Appeal (OCA) has released two companion decisions overturning a motion judge’s pre-SCC rulings,...more

BCLP

New York Becomes Latest State to Strengthen Anti-SLAPP Law, Providing Greater Protections for the Exercise of Free Speech,...

BCLP on

For years, a growing number of United States jurisdictions – such as California, Colorado, Texas, Georgia, Nevada, Oregon, Louisiana, Oklahoma, Kansas, and Tennessee – have been enacting (or refining) strong anti-SLAPP laws,...more

ArentFox Schiff

Anti-Slapp’s “Public Interest” Requirement in Patient Care Context: It’s Not Just What You Say

ArentFox Schiff on

On September 24, 2020, the California Court of Appeal shed additional light on meeting the public interest requirements in anti-SLAPP motions in its opinion of Murray v. Tran (Cal. Ct. App., Sept. 24, 2020, No. D076104). ...more

Blake, Cassels & Graydon LLP

La CSC clarifie le test relatif à la loi ontarienne contre les poursuites-bâillons, mais est divisée

Le 10 septembre 2020, la Cour suprême du Canada (la « CSC ») a rendu ses décisions tant attendues dans les affaires connexes 1704604 Ontario Ltd. c. Pointes Protection Association (l’« arrêt Pointes ») et Bent c. Platnick...more

Blake, Cassels & Graydon LLP

Pointed Exchange: SCC Clarifies Ontario’s Anti-SLAPP Test, Splits Over its Application

On September 10, 2020, the Supreme Court of Canada (SCC) released long-awaited decisions interpreting and applying Ontario’s anti-SLAPP legislation, in the companion cases of 1704604 Ontario Ltd. v. Pointes Protection...more

Bennett Jones LLP

SLAPPed Around—Defamation, Anti-SLAPP Legislation and the Defence of Qualified Privilege

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On September 10, 2020, the Supreme Court of Canada rendered judgment in Bent v Platnick, 2020 SCC 23, the first case interpreting the provisions under s. 137.1 of the Courts of Justice Act (CJA)—Ontario's "anti-SLAPP"...more

Ballard Spahr LLP

Nevada Court Rejects Defamation Claim Brought Against Associated Press by Casino Mogul

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In an opinion and order issued recently, a Nevada state court dismissed with prejudice a defamation claim brought by businessman Steve Wynn against the Associated Press (AP) and one of its reporters. ...more

Best Best & Krieger LLP

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

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

Perkins Coie

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

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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

Blake, Cassels & Graydon LLP

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

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