I'm very excited about this post. It's not every day that I get to mention Fox News in order to make a point here on the California Defamation Law Blog. So here we go. Seven individuals sued Fox News, Inc. over alleged defamatory statements made on the Hannity & Colmes show. The main beef was a caption at the bottom of the screen which read "Manhunt at … [Read more...] about What Fox News Can Teach You About Defamation Law
Anti-SLAPP
Anna Nicole’s Former Attorney Defeats Anti-SLAPP Motion
You would think that every anti-SLAPP motion gets granted by the way some "free speech" writers talk. Every victory is a a big deal to them and they make every effort to make sure you know about it. So this is where I come in. I'm here to let you know that a goodly sum of anti-SLAPP motions get denied for many reasons, most importantly (in my experience) because … [Read more...] about Anna Nicole’s Former Attorney Defeats Anti-SLAPP Motion
Nguyen-Lam v. Cao: Amendment of Complaint After Anti-SLAPP Motion Filed
California Defamation precedent never ceases to amaze me due to its complexity and fact specific holdings. The case of Nguyen-Lam v. Cao (2009) WL 484589 illustrates my point perfectly. In Nguyen-Lam, a Vietnamese woman who was slated to become the nation's first Vietnamese superintendent of a public school district, sued the Defendant for slander per se, among other … [Read more...] about Nguyen-Lam v. Cao: Amendment of Complaint After Anti-SLAPP Motion Filed
Are You Sure You Want to File An Appeal?
The vast majority of defamation appeals are taken after a trial court has granted a special motion to strike, also known as an anti-SLAPP motion. Most of these appeals are affirmed. In other words, the appeals are unsuccessful. And while most appeals (other than defamation) are unsuccessful, losing an appeal in the defamation context can be particularly costly. The … [Read more...] about Are You Sure You Want to File An Appeal?
The Litigation Privilege Applies To Settlement Letters Directed To Counsel
The Second District of the California Court of Appeals published two cases involving defamation in the span of one week. The first case involved the Staples Center Owners and this next case deals with a little known issue--the litigation privilege. The Appellants were defendants in an earlier case where the plaintiffs offered to dismiss one of the defendants on … [Read more...] about The Litigation Privilege Applies To Settlement Letters Directed To Counsel