Fear strikes through the heart of many lawyers at the prospect of having to oppose an anti-SLAPP motion. For one thing, it can lead to the dismissal to your case; not to mention the specter of mandatory attorney's fees. But let's get one thing straight. The standard that plaintiff has to meet is not all that high. If defendant sustains its initial burden to demonstrate … [Read more...] about Opposing An Anti-SLAPP Motion: The Plaintiff’s Burden
Defamation By Omission?
I remember sitting in a church pew many years ago hearing the pastor speak about two different kinds of sin: Sins of "commission" and sins of "omission." I understood very well as a teenager that you weren't supposed to do bad things (commission), but it was always a bit more abstract and difficult to understand that failing to do something could get … [Read more...] about Defamation By Omission?
“I Didn’t Know The Law” Is Not A Good Excuse For Any Lawyer
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
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 . . .