President Trump is never short on controversy, and said controversy leads to some interesting cases. In Episode 27 of the California SLAPP Law Podcast, we will discuss two Trump cases — one First Amendment and one anti-SLAPP — arising from the words and tweets of our sneerless leader. We’ll also discuss when a motion to […] The post SLAPP027 – When a Motion to Dismiss is a Better Strategy than an Anti-SLAPP Motion appeared first on California SLAPP Law.

California SLAPP Law

SLAPP027 – When a Motion to Dismiss is a Better Strategy than an Anti-SLAPP Motion

Canada, eh? Those hosers in Ontario didn’t get around to passing an anti-SLAPP statute until 2015, and they’re still trying to figure it out. In this episode of the California SLAPP Law Podcast, we travel to the great white north to examine an anti-SLAPP motion that was denied by the trial court, but granted by […] The post SLAPP026 – Don’t Sue for Defamation Unless the Statements Really are False appeared first on California SLAPP Law.

SLAPP026 – Don’t Sue for Defamation Unless the Statements Really are False

de Havilland v. FX Networks, LLC If you sell t-shirts bearing the images of the Three Stooges, can you be sued for violating their right of publicity? And if you create and broadcast an 8-part docudrama centering on Bette Davis and Joan Crawford, can Olivia de Havilland sue you for including the details of HER […] The post SLAPP025 – Anti-SLAPP Motion Defeats Gone With the Wind Actress appeared first on California SLAPP Law.

SLAPP025 – Anti-SLAPP Motion Defeats Gone With the Wind Actress

In Episode 24 of the California SLAPP Law Podcast, we tackle two important anti-SLAPP issues. Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism The conventional wisdom until now, as expressed in cases such as Yu v. Signet Bank/Virginia, was that an amended complaint creates an new 60-day period to file an anti-SLAPP motion. Then along […] The post SLAPP024 – Supreme Court Clarifies Whether Amended Complaint Resets 60-Day Clock for Anti-SLAPP Motion appeared first on California SLAPP Law.

SLAPP024 – Supreme Court Clarifies Whether Amended Complaint Resets 60-Day Clock for Anti-SLAPP Motion

In Episode 23 of the California SLAPP Law Podcast, we examine two cases that consider how privileged speech should be viewed during the two-prong anti-SLAPP analysis. As you will hear, the fact that the speech was privileged does not mean it automatically falls under the anti-SLAPP statute. Edalati v. Kaiser Foundation Health Plan, Inc. This […] The post SLAPP023 – Privileged Speech Can Survive Anti-SLAPP Motions appeared first on California SLAPP Law.

SLAPP023 – Privileged Speech Can Survive Anti-SLAPP Motions

Hooray for Hollywood! In Episode 22 of the California SLAPP Law Podcast, we discuss four cases involving the film industry that have all resulted in anti-SLAPP motions. We also dive deep into abuse of process claims, and determine if such claims can ever survive an anti-SLAPP motion. And in the process, we discuss a trial […] The post SLAPP022 – Abuse of Process Claims and Anti-SLAPP Motions appeared first on California SLAPP Law.

SLAPP022 – Abuse of Process Claims and Anti-SLAPP Motions

We discuss the very important case of Baral v. Schnitt, in which the California Supreme Court finally dealt with the split of authorities regarding how to deal with complaints with mixed causes of action; those that contain allegations of both protected and unprotected activities. This is probably the most important anti-SLAPP decision of the decade. […] The post SLAPP021 – Anti-SLAPP Motions Against Mixed Causes of Action appeared first on California SLAPP Law.

SLAPP021 – Anti-SLAPP Motions Against Mixed Causes of Action

In Episode 20 of the California SLAPP Law Podcast, we discuss important Evidence Codes, and my VINDICATION by the California Court of Appeal. The vindication comes in the form of a published opinion from the Sixth District Court of Appeal. I was brought in as co-counsel to first chair an internet defamation trial in Santa […] The post SLAPP020 – Sixth District Weighs in on Admissibility of Yelp Reviews and the Law on Inferences appeared first on California SLAPP Law.

SLAPP020 – Sixth District Weighs in on Admissibility of Yelp Reviews and the Law on Inferences

On Episode 19 of the California SLAPP Law Podcast, we go through my five favorite reported anti-SLAPP decisions from the first half of 2016. But first we begin with a cautionary tale of an attorney who is being sued for malpractice for failing to have me review his complaint before it was filed! (OK, there’s […] The post SLAPP019 – Five Best Published Anti-SLAPP Decisions (so far) in 2016 appeared first on California SLAPP Law.

SLAPP019 – Five Best Published Anti-SLAPP Decisions (so far) in 2016

In episode 18 of the California SLAPP Law Podcast, I discuss an anti-SLAPP motion I decided NOT to pursue, and why. We discuss the case of Weinberg v. Feisel (2003) 110 Cal.App.4th 1122. Then we dive deep into the pros, cons, and frustrations of bringing anti-SLAPP motions in Federal Court. Since 1999, the Ninth Circuit has […] The post SLAPP018 – All You Need to Know About Anti-SLAPP Motions in Federal Court appeared first on California SLAPP Law.

SLAPP018 – All You Need to Know About Anti-SLAPP Motions in Federal Court

In Episode 17 of the California SLAPP Law Podcast, we go back to basics, with an introduction to the fundamental concepts behind California’s SLAPP Law and anti-SLAPP motions. The good news is that although it took some 25 years for attorneys to begin recognizing the impact of California’s anti-SLAPP statutes on litigation in the state, […] The post SLAPP017 – An Introduction to California SLAPP Law and Anti-SLAPP Motions appeared first on California SLAPP Law.

SLAPP017 – An Introduction to California SLAPP Law and Anti-SLAPP Motions

In Episode 16 of the California SLAPP Law Podcast, we discuss (1) when you can join with another defendant’s anti-SLAPP motion, and whether it is a good strategy to do so; (2) what the Courts of Appeal are doing to deal with all the appeals from anti-SLAPP motions; and (3) likely changes to the automatic […] The post SLAPP016 – Appealing a Ruling on an Anti-SLAPP Motion appeared first on California SLAPP Law.

SLAPP016 – Appealing a Ruling on an Anti-SLAPP Motion

In Episode 15 of the California SLAPP Law Podcast, we discuss (1) the perils of overreaching in your anti-SLAPP motions (making iffy challenges to causes of action can come back to bite you, even if you win), and (2) why you should NEVER assume it’s too late to bring an anti-SLAPP motion , and some […] The post SLAPP015 – It’s Never Too Late to File an Anti-SLAPP Motion appeared first on California SLAPP Law.

SLAPP015 – It’s Never Too Late to File an Anti-SLAPP Motion

In Episode 14 of the California SLAPP Law Podcast, we begin with a discussion of the interplay between anti-SLAPP motions and the Communications Decency Act. The topic came up because of another anti-SLAPP victory we enjoyed this week at Morris & Stone. The anti-SLAPP motion we brought on behalf of our client had nothing to […] The post SLAPP014 – Interaction Between the Communications Decency Act and Anti-SLAPP Motions appeared first on California SLAPP Law.

SLAPP014 – Interaction Between the Communications Decency Act and Anti-SLAPP Motions

In Episode 13 of the California SLAPP Law podcast (should I have skipped 13, like they do in buildings?), we cover a lot of information that will be useful to any litigator. Although not directly related to SLAPP law and anti-SLAPP motions, I discuss how and when to bring the various trial motions; Motion for […] The post SLAPP013 – Bench Warrant Arrest Not Protected Activity under Anti-SLAPP Statute appeared first on California SLAPP Law.

SLAPP013 – Bench Warrant Arrest Not Protected Activity under Anti-SLAPP Statute

Anti-SLAPP Motions and SLAPP-back Actions

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California SLAPP Law

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