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 claimant in any complaint, cross-complaint or petition filed in … [Read more...] about Is An Arbitration Claim Subject To An Anti-SLAPP Motion?
Archives for 2009
Is Illegal Conduct Protected Under The Anti-SLAPP Statute?
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 (2001) 91 Cal.App.4th 832, 851. The First Amendment does not … [Read more...] about Is Illegal Conduct Protected Under The Anti-SLAPP Statute?
The California Anti-SLAPP Statute
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 Legislature finds and declares that it is in the public interest to … [Read more...] about The California Anti-SLAPP Statute
The Dark Side Of Twitter Lists
I recently took a much needed hiatus from Twitter because I got super busy with work. Now I'm back. But while I was gone the whole Twitter Lists phenomenon happened. Everyone was talking about the benefits of Twitter lists. No one could even conceive of any possible negative possibilities, which is why I find Michael Gray's post about "How To Use Twitter … [Read more...] about The Dark Side Of Twitter Lists
What Are The Most Common SLAPP Causes Of Action?
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 you're an attorney representing a defendant and any one of the causes of action above is present, you need to consider whether … [Read more...] about What Are The Most Common SLAPP Causes Of Action?