Internet defamation attorneys and bloggers listen up! A new law will take effect in California on January 1, 2009, which allows online speakers to obtain attorney's fees if they successfully oppose a subpoena to obtain their personally identifying information in California involving out-of-state litigation.AB2433 was signed into law by Governor Arnold Schwarzenegger … [Read more...] about New Civil Discovery Law Protects Online Speech
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How Long After the 60-Day Period Can You File An Anti-SLAPP Motion?
The purpose of an anti-SLAPP motion in California is to dispose of lawsuits at an early stage of litigation. The motion must be filed within 60 days of the filing of the complaint, unless a court expressly allows a late filing. CCP § 425.16(f). While courts generally have wide discretion to allow late filings, no court has squarely decided the issue--how long is too long? … [Read more...] about How Long After the 60-Day Period Can You File An Anti-SLAPP Motion?
Victory! Anti-SLAPP Motion Denied in Defamation Case
I represent a plaintiff in a defamation case involving internet defamation and offline defamation. The Defendant filed an anti-SLAPP motion. SLAPP is an acronym for Strategic Lawsuits Against Public Participation. These types of motions are meant to dispose of lawsuits at an early stage, which are primarily aimed at chilling speech. We opposed the motion and the court … [Read more...] about Victory! Anti-SLAPP Motion Denied in Defamation Case
Can A Court Silence You For Life?
You may be under the mistaken impression that the only remedy for a defamation claim is monetary. Well, that was the case (essentially) until the California Supreme Court had something to say about it last year in Balboa Island Inn v. Lemen (2007) 40 Cal.4th 1441. The owner of a restaurant and bar sued a nearby resident for nuisance, defamation, and interference with … [Read more...] about Can A Court Silence You For Life?
5 Ways To Avoid Being Sued On Your Blog
"Avoid lawsuits beyond all things; they pervert your conscience, impair your health, and dissipate your property." -Jean de la Bruyere Most lawsuits are avoidable and unnecessary. The key is to adopt a strategy that decreases the likelihood that you will be sued, and if you are sued, increases your chances of prevailing. For bloggers, this has become particularly … [Read more...] about 5 Ways To Avoid Being Sued On Your Blog