I was researching a legal issue on Westlaw the other day and I ran into an interesting case where a lawyer admitted he wasn't aware of the anti-SLAPP statute. In Olsen v. Harbison (2005) 134 Cal.App.4th 278, 285-286, an attorney brought an action in Sacramento County against co-counsel for various claims. The defendant filed an anti-SLAPP motion over 9 months after the second … [Read more...] about “I Didn’t Know The Law” Is Not A Good Excuse For Any Lawyer
Archives for January 2010
Another Reason Not To Hang Out With Celebrities
One of the strangest things to me is how much we worship celebrities in our culture. Turn on any channel or read any newspaper and you'll eventually see a story about a celebrity. This is perplexing and amusing at the same; especially for people like me, who were born and raised in Los Angeles. It's not uncommon to see an actor or director walking around or dining at a … [Read more...] about Another Reason Not To Hang Out With Celebrities
There Are No Magic Words . . .
which will insulate you from liability for defamation. This usually comes into play because people mistakenly believe that only facts are actionable defamation. Wrong. An opinion can form the basis of a cause of action for defamation (slander, libel, and trade libel too) if it implies undisclosed defamatory facts. So just because you say "in my opinion, Joe Shmoe is a … [Read more...] about There Are No Magic Words . . .
3 Key Differences Between Defamation And Trade Libel
Comparing defamation and trade libel is like comparing apples and oranges. While both are similar (apples and oranges are fruit), they are fundamentally different in other ways. One key difference between the two is with respect to the harm each is designed to address or protect. Defamation is meant to protect the reputation of the person, whereas trade libel is designed to … [Read more...] about 3 Key Differences Between Defamation And Trade Libel
What Is The Definition Of Trade Libel?
"Trade libel is defined as an intentional disparagement of the quality of property, which results in pecuniary damage to plaintiff." Erlich v. Etner (1964) 224 Cal.App.2d 69, 73, 36. … [Read more...] about What Is The Definition Of Trade Libel?