I know the world isn't fair, but why isn't it ever unfair in my favor? - Bill Watterson, Author of Calvin & Hobbes Watterson's observation echoes many of the kinds of statements I hear weekly from potential defamation plaintiffs. After listening patiently to their side of the story, (usually several minutes), I begin describing the bad news in detail: Defamation law … [Read more...] about Is California Defamation Law Unfair?
Is the anti-SLAPP Statute Being Abused?
In what will probably be one of the most significant anti-SLAPP cases of 2011, the First District in Grewal v. Jammu, expressed in no uncertain terms that the anti-SLAPP statute is being abused. Justice Richman, writing for the majority, took the opportunity to detail the particular abuses of Section 425.16, with a not so subtle plea to the Legislature to limit the application … [Read more...] about Is the anti-SLAPP Statute Being Abused?
It’s the Type of Experience that Counts
I'm reading an excellent book by Bryan Garner and Supreme Court Justice Antonin Scalia, entitled "Making Your Case." The first page contains a profound quote by T.W. Wakeling: "Experience is undoubtedly a great teacher, yet it may be counterproductive if what has been cultivated and refined are bad habits. The point is that excellence is the product of diligent … [Read more...] about It’s the Type of Experience that Counts
3 Reasons Why A Lawyer Is Unlikely To Take Your Case
There are many reasons why a lawyer or attorney is unlikely to take your case. However, I am going to focus on the three most common reasons for purposes of this post. The last one is something that most attorneys will never admit, but it is absolutely true. 1. Not Enough Money Is Involved The vast majority of potential cases that I receive (and I believe most attorneys … [Read more...] about 3 Reasons Why A Lawyer Is Unlikely To Take Your Case
Find out how you can support the proposed Federal anti-SLAPP law
As I wrote about in earlier blog posts, Tennessee congressman Steve Cohen introduced a bill in the House of Representatives called the Citizen Participation Act. It's effectively a Federal anti-SLAPP piece of legislation and seems to be modeled after California's robust anti-SLAPP law. For many reasons, it is very important that this law (or something like it) passes. I … [Read more...] about Find out how you can support the proposed Federal anti-SLAPP law