Two recent back-to-back decisions involving the same plaintiff and the same magistrate in the United States Northern District of California illustrate when a court would—and would not—likely grant a request to unmask an anonymous poster pursuant to 28 U.S.C. § 1782. In re Yasuda, No. 19-MC-80127-TSH, 2019 WL 4933581 (N.D. Cal. Oct. 7, 2019) (Yasuda … [Read more...] about Twitter Wins One Motion to Quash a Subpoena Seeking the Identifying Information of its User And Loses Another: A Case Study in Dealing With Applications for Production of Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782
Must an anti-SLAPP defendant submit declarations in order to satisfy their prong one burden?
The Second District Court of Appeals recently issued a significant opinion in Bel Air Internet, LLC v. Morales (2018) 20 Cal.App.4th 924. In Bel Air, the plaintiff brought claims for (1) intentional interference with contractual relations; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; and (4) conversion (against one defendant … [Read more...] about Must an anti-SLAPP defendant submit declarations in order to satisfy their prong one burden?
Consumer Review Websites Have Standing to Assert the Rights of Their Users to Remain Unknown
Until recently, no California court had squarely addressed the issue of whether a consumer review website has to standing to assert the First Amendment rights of its users to remain anonymous. As the Sixth District Court of Appeal observed: “A decade ago, [this was] a relatively novel question. Now, however, a substantial preponderance of national authority favors the rule … [Read more...] about Consumer Review Websites Have Standing to Assert the Rights of Their Users to Remain Unknown
Are Statements About Future Events Defamatory?
As I've written about before, there is a thin and often elusive line between what is actionable defamation and what is non-actionable opinion. An example of a type of statement that often confounds lawyers is one that appears to be a false statement of fact, but is actually an opinion about a future event or outcome. These statements usually arise from predictions about the … [Read more...] about Are Statements About Future Events Defamatory?
Corporations May Not Maintain A Claim For False Light
Plaintiffs often make the mistake of alleging claims of false light on behalf of corporations. This often occurs when the case also involves individual plaintiffs, particularly in the context of internet defamation. It springs from a fundamental misunderstanding of the law. But California does not recognize a claim for false light for corporations. “This is because the tort … [Read more...] about Corporations May Not Maintain A Claim For False Light