As I've 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, if the motion is successful the defendant is awarded … [Read more...] about Can An Anti-SLAPP Motion Be Used To Strike A Single Cause of Action?
Archives for 2009
Defamation Defense: Qualified Privilege
The last several posts have focused on absolute privileges. Today we’re going to talk about the qualified privilege, which is a lot more common than you might think. A qualified privilege essentially means what it appears to mean. It allows the publisher/speaker to make a statement that would otherwise be defamatory without being held liable for making the … [Read more...] about Defamation Defense: Qualified Privilege
Defamation Defense: Other Proceedings
It used to be that statements made before private bodies were not absolutely privileged under Civil Code section 47(b). This meant that statements made at a judicial commission at a private medical society were not absolutely privileged, for example. Noting a gap in the law, the California legislature made it such that statements made "in the initiation or course of … [Read more...] about Defamation Defense: Other Proceedings
Defamation Defense: Legislative Proceedings
Continuing on in our series on the defenses to a cause of action for defamation relates to statements made in a legislative proceeding. Like statements made in judicial proceedings, statements which are made in legislative proceedings are absolutely privileged pursuant to Civil Code section 47(b). This defense applies to statements made by participants in state and local … [Read more...] about Defamation Defense: Legislative Proceedings
Defamation Defense: Judicial Proceedings
Continuing in our series on defamation defenses, today we're going to cover the defense of statements made in a judicial proceeding, also known as the litigation privilege. A publication made in a judicial or quasi-judicial proceeding is absolutely privileged. Civil Code § 47(b). This means that you cannot prevail in a libel or slander case if the statements … [Read more...] about Defamation Defense: Judicial Proceedings