An injunction is a court order that requires someone to do something or prevents them from doing something. There are a few different types of injunctions, but I'm only going to discuss the two that apply to defamation cases.The first is a preliminary injunction. In California, in order to establish a preliminary injunction, a plaintiff must show: (1) a … [Read more...] about What Is An Injunction And Why Should You Care?
Archives for November 2008
Proposed Federal Anti-SLAPP Legislation
One of the websites I check often is California Anti-SLAPP Project ("CASP"). CASP was founded in 1991 and has been instrumental in shaping California's anti-SLAPP statute. To put this statement in perspective, California was the first state to enact a so-called anti-SLAPP statute. Now nearly thirty states have such a statute. CASP was … [Read more...] about Proposed Federal Anti-SLAPP Legislation
Oprah Winfrey Seeks Dismissal of Defamation Lawsuit
The ex-head mistress of Oprah Winfrey's Leadership Academy for Girls sued Winfrey last month in Philadelphia for defamation, based on certain alleged comments made by Winfrey. For example, the complaint alleges that Winfrey said, "I thought she cared about the girls of South Africa." The implication being, according to the Complaint, that the ex-head … [Read more...] about Oprah Winfrey Seeks Dismissal of Defamation Lawsuit
Does The Discovery Rule Apply To Defamation Cases?
Yesterday I wrote about the statute of limitations for an action for libel or slander, which is one year. But when does the clock start running, or in legal terms, when the does the action begin to accrue? For torts, the answer is generally when the injury occurred. But that's not always the case. In some situations, courts will apply the so-called … [Read more...] about Does The Discovery Rule Apply To Defamation Cases?
How Long Can You Wait To File A Defamation Lawsuit?
In California, you have one year from the date of publication in which to file an action for libel and slander. Code of Civil Procedure § 340(c). That's right. Only one year. Lawyers call this a "statute of limitations." Therefore, do not wait to file a defamation claim or you may lose the right to do so. … [Read more...] about How Long Can You Wait To File A Defamation Lawsuit?