SLAPP

Welcome to the 'SLAPP' tag page at Technorati. This page features content from the farthest reaches of the Blogosphere that authors have "tagged" with 'SLAPP'.

Latest blogosphere posts tagged “SLAPP”

• Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence

  
  California Defamation Law Blog — Authority: 419
  I came across a case the other day which spelled out an unsexy, but no less important concept of anti-SLAPP law. Not knowing this concept may spell doom whether youre bringing or opposing an anti-SLAPP motion. While it is unsurprising that many in pro per parties miss the boat on this one, many attorneys also screw ...
  3 days ago

• Anti-SLAPP Law: Legal Malpractice Trap For The Unwary? Part II

  
  California Defamation Law Blog — Authority: 419
  I pointed out last week here that anti-SLAPP law is much more complicated and nuanced than you might expect, and therefore, that it could present a legal malpractice TRAP for the unwary. I repeat: drafting an anti-SLAPP motion is not like doing your average demurrer for failure to state a cause of action or motion ...
  4 days ago

• Leave To Amend A Complaint After A Successful Anti-SLAPP Motion?

  
  California Defamation Law Blog — Authority: 419
  You are a plaintiff in a lawsuit and the defendant filed and won an anti-SLAPP motion striking your entire complaint. May a court grant you leave to amend the complaint? In other words, will the court let you "fix the problem" with your complaint. No. Simmons v. Allstate Co. (2001) 92 Cal.App.4th 1068, 1073. The ...
  4 days ago

• House Considers First Federal Anti-SLAPP Legislation

  
  First Amendment Law Prof Blog — Authority: 124
  HR 4364 was introduced last week by Tenn Rep. Steve Cohen, and referred to the House Judiciary Committee for consideration. The Citizen Participation Act would be the first anti-SLAPP law that applies to federal cases, though 28 states have similar...
  4 days ago

• Is A Statement Of Decision Required On An Order For An Anti-SLAPP Motion?

  
  California Defamation Law Blog — Authority: 419
  You might expect that a statement of decision is required on an order for an anti-SLAPP motion. Such a motion involves important interests (Constitutional interests) and is much more involved than your average motion (demurrer, motion to strike). It requires the parties to submit evidence which would be admissible at ...
  5 days ago

• Can You File A SLAPP Suit And Then Dismiss It Without Any Consequences?

  
  California Defamation Law Blog — Authority: 419
  The mere threat of an anti-SLAPP motion (or serving the motion on the other party) may be sufficient to cause them to dismiss the suit before a hearing on the merits. Under those circumstances, are there consequences for the dismissing party? The court in Moore  faced this issue and presented it clearly: "This ...
  6 days ago

• Celebrity Defamation: Part II

  
  California Defamation Law Blog — Authority: 419
  I was at a Kiwanis club meeting the other day and the topic of Tiger Woods came up. Someone mentioned that Tiger was in deep trouble (an obvious observation) and began to rattle off the names of each of Tigers mistresses and then there was some generally commentary about Tigers "transgressions." All in good taste, of ...
  1 week ago

• Anti-SLAPP Law: Legal Malpractice Trap For The Unwary?

  
  California Defamation Law Blog — Authority: 419
  The so-called anti-SLAPP statute (CCP § 425.16) was enacted in California in 1991 and has been amended a number of times since then.  There are over 150 published appellate decisions interpreting section 425.16 and several California Supreme Court decisions as well. The average attorney does not encounter a SLAPP ...
  1 week ago

• How Long Do You Have To File An Anti-SLAPP Motion?

  
  California Defamation Law Blog — Authority: 419
  A section 425.16 motion (AKA anti-SLAPP motion) must be filed no later than 60 days after service of the complaint or amended complaint. Of course, a court has discretion to allow an anti-SLAPP motion to be filed after 60 days. CCP 425.16(f). In addition, unlike other motions to strike (or a demurrer), an ...
  2 weeks ago

• What Is A "Public Forum" For Purposes Of The Anti-SLAPP Statute?

  
  California Defamation Law Blog — Authority: 419
  The purpose of the so-called “SLAPP” statute is to eliminate lawsuits brought “primarily to chill the valid exercise of the constitutional right of freedom of speech and petition for the redress of grievances.” Code Civ. Proc. Section 425.16(a). Courts engage in a two-part analysis focusing first on ...
  2 weeks ago

• U.S. Student Amanda Knox Convicted Of . . .

  
  California Defamation Law Blog — Authority: 419
  You probably thought I was going to write that Amanda Knox was convicted of murder. And while youre correct that Ms. Knox was convicted of that crime in Italy today, thats not what I was going to write. Did you know that Ms. Knox was also convicted of defamation? Its true. Ms. Knox implicated another man in the ...
  2 weeks ago

• Can You Amend A Complaint After An Anti-SLAPP Motion Is Filed?

  
  California Defamation Law Blog — Authority: 419
  Youre a plaintiff and you just received an anti-SLAPP motion from the defendant. Your lawyer reviews the motion and determines that it is persuasive and is likely to result in a victory for the defendant, unless your complaint is amended. Is the court required to permit an amendment under section 425.16? Does the ...
  3 weeks ago

• Filing A Lawsuit In A Foreign Country: Protected Conduct Under The Anti-SLAPP Statute?

  
  California Defamation Law Blog — Authority: 419
  This is a brand new case (filed yesterday) by the California Court of Appeal, Second District, located in Los Angeles. Guessous v. Chrome Hearts, LLC  (2009) WL 4263833 . The plaintiffs are Mohammed Amal Guessous ("Guessous") and Five Bis.  Guessous is a U.S. citizen and resident of Los Angeles. He has an ...
  3 weeks ago

• Is An Arbitration Claim Subject To An Anti-SLAPP Motion?

  
  California Defamation Law Blog — Authority: 419
  The California Court of Appeal, Sixth District, answered this question in Sheppard v. Lightpost Museum Fund (2006) 146 Cal.App.4th 654. In that case the court held that a superior court cannot " . . . grant a motion to strike an arbitration claim filed only in an agreed arbitral forum and not asserted by the ...
  3 weeks ago

• Is Illegal Conduct Protected Under The Anti-SLAPP Statute?

  
  California Defamation Law Blog — Authority: 419
  The general rule is that the California anti-SLAPP statute is to be construed broadly in favor of the protection of speech and petitioning activity. But this does not mean that all "speech or petition activity is protected by section 425.16." Flatley v. Mauro (2003) 39 Cal.4th 299, (referring to)( Lam v. Ngo ...
  3 weeks ago

• Nevadas Anti-SLAPP applies to federal discrimination claims

  
  Appealing in Nevada — Authority: 114
  In John v. Douglas County School District , issued November 25, 2009, the Nevada Supreme Court held that Nevada’s anti-SLAPP statute, NRS 41.637,  applies to federal causes of action because it is a neutral and procedural statute that does not undermine any federal interest.         Anti-SLAPP ...
  3 weeks ago

• The California Anti-SLAPP Statute

  
  California Defamation Law Blog — Authority: 419
  This following is the text of the so-called anti-SLAPP statute: 425.16. (a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The ...
  4 weeks ago

• What Are The Most Common SLAPP Causes Of Action?

  
  California Defamation Law Blog — Authority: 419
  Defamation/Slander/Libel Business Torts, e.g. Intentional Interference With Contract; Intentional Interference With Prospective Business Advantage; and Intentional Infliction of Emotional Distress Distress (and negligent) If you are being sued, or if youre an attorney representing a defendant and any one ...
  4 weeks ago

• Can An Anti-SLAPP Motion Be Used To Strike A Single Cause of Action?

  
  California Defamation Law Blog — Authority: 419
  As Ive explained in previous posts, one of most common defense motions in response to a complaint for defamation is the anti-SLAPP motion . The beauty of this motion is that it gives the defendant an opportunity to eliminate a lawsuit at an early stage of litigation before litigation becomes cost prohibitive.  Also, ...
  4 weeks ago

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