In my defamation practice I see lawyers continually making the same mistakes when they draft complaints. Unfortunately for their clients, these drafting errors often lead to partial or complete dismissals of their lawsuits. Here are just five of these common mistakes: 1. Pleading injunction as a cause of action. An injunction is a powerful remedy for a claimant in a lawsuit, … [Read more...] about 5 Common Mistakes Lawyers Make When Drafting Defamation Complaints
General Principles of Personal Jurisdiction in Defamation Cases
Due process permits state courts to exercise personal jurisdiction over nonresidents who have “minimum contacts” with the forum state. “Minimum contacts” means a relationship between the nonresident and the forum state is such that the exercise of jurisdiction does not offend “traditional notions of fair play and substantial justice” under the U.S. Constitution's Fourteenth … [Read more...] about General Principles of Personal Jurisdiction in Defamation Cases
The Public Figure Doctrine And The Internet
In the future, everyone will be world-famous for 15 minutes. - Andy Warhol In the future, everyone will be world-famous to 15 people. -Momus No one can dispute that the Internet has changed the world as we know it. From the ways in which we communicate with each other, to the ways in which we access information and make decisions, every … [Read more...] about The Public Figure Doctrine And The Internet
Los Angeles Superior Court Continues to Reduce Staff
The Los Angeles Superior Court, the biggest court system on earth, continues to take extraordinary measures to deal with the budget crisis in California. Here is an article from Courthouse News that lays out some of the current issues facing the courts. One thing is clear: these cuts will delay trials, which will delay justice. Something must be done at the legislative level. … [Read more...] about Los Angeles Superior Court Continues to Reduce Staff
Malicious Prosecution
Malicious prosecution is extremely difficult to prove and is disfavored by the law. It requires the plaintiff to plead and prove four distinct elements in order to prevail. These elements are: (1) initiation of a prior proceeding; (2) favorable termination; (3) lack of probable cause; and (4) malice. The first element is pretty self-explanatory: it requires the initiation of … [Read more...] about Malicious Prosecution