I stumbled across a great video on YouTube by John W. Dozier, Jr. about common misconceptions lawyers have regarding online defamation. 1. "Bumping" a post - Old math says that you should respond to defamatory remarks in order to refute them. But, responding to such posts, or "bumping," only makes the defamatory remarks more significant in search engine indexes. 2. … [Read more...] about 5 Common Misconceptions About Online Defamation
Haneline Pacific Reporters, LLC v. May, et al. – “Litigation Privilege” Doesn’t Apply to Negotiation/Persuasion
You may be wondering why I write about anti-SLAPP cases so much. Well, the fact of the matter is that defamation actions are to anti-slapp motions what peanut butter is to jelly. You rarely have one without the other. In Haneline Pacific Reporters, LLC v. May, et al., __ Cal.App.4th __ (4th District, Division 3, October 1, 2008), the court of appeal determined that the … [Read more...] about Haneline Pacific Reporters, LLC v. May, et al. – “Litigation Privilege” Doesn’t Apply to Negotiation/Persuasion
Gunn v. Mariners Church, Inc. – Follow-up Post
There appears to be a frontal assault on Church practices occasioned (perhaps) by recent scandals and the post-9/11 world that we live in, among other reasons. The court of appeal made the correct decision in applying the "ministerial exception" and declining to inquire into the truth or falsity of religious beliefs. … [Read more...] about Gunn v. Mariners Church, Inc. – Follow-up Post
Gunn v. Mariners Church, Inc. – Recent decision on the “Ministerial Exception”
In Gunn v. Mariners Church, Inc., __ Cal.App.4th __ (Sept. 2, 2008), the Court of Appeal affirmed the judgment of the trial court, which had granted defendant's summary judgment motion. Plaintiff and Appellant Gunn, sued for defamation, invasion of privacy, and intentional infliction of emotional distress. Gunn alleged that after the defendant terminated Gunn because he was … [Read more...] about Gunn v. Mariners Church, Inc. – Recent decision on the “Ministerial Exception”
Finally! Liability Insurance for Bloggers
It's a well-known fact among lawyers that most insurance policies don't cover defamation, invasion of privacy, or copyright infringement claims. It's also true that legal threats against bloggers have escalated dramatically in recent years. So what's a blogger to do? Give up? Never! The Media Bloggers Association has launched an education, legal advisory, and liability … [Read more...] about Finally! Liability Insurance for Bloggers