Potential clients and attorneys often ask me what kinds of claims are typically subject to an anti-SLAPP motion. The correct answer is that regardless of the label given a claim, it may still be subject to Code of Civil Procedure 425.16 if it arises from petitioning or free speech activity. Having said that, in general terms, there are some common claims and factual scenarios … [Read more...] about Common Examples of SLAPPs
Anti-SLAPP
Is A Public Figure’s Sex Life A Matter of Public Interest Under the Anti-SLAPP Statute?
Political and sports figures have recently argued that their sex lives are not a matter of public interest. Consider, for example, Herman Cain: in response to allegations from Ginger White that she had a decade-plus affair with him, Mr. Cain's attorney, Lin Wood, said that those kinds of allegations have no place in public discourse and that Cain would not discuss them. David … [Read more...] about Is A Public Figure’s Sex Life A Matter of Public Interest Under the Anti-SLAPP Statute?
Kim Kardashian’s Defamation Claim: Smart Or Not?
Faced with a growing backlash from the public for her mini-marriage to NBA basketball player, Chris Humphries, Kim Kardashian has filed a claim for arbitration alleging breach of a confidentiality agreement and defamation. I won't recount the details about the wedding extravaganza, which was televised, because I think most people are probably familiar with it (for more … [Read more...] about Kim Kardashian’s Defamation Claim: Smart Or Not?
Anti-SLAPP Defendant’s Burden Of Proof: Prong Two
A common cause of failure on an anti-SLAPP motion is a misunderstanding of the evidentiary burdens each side must satisfy. I suppose its understandable given skeletal analysis found in most of the typical practice guides. And with over 400 published decisions in this area, I suppose it's inevitable that busy practitioners--who are not experts--will overlook some of the … [Read more...] about Anti-SLAPP Defendant’s Burden Of Proof: Prong Two
Federal Claims & Anti-SLAPP Motions
Few lawyers are aware that the anti-SLAPP statue applies at the federal level, although some of its provisions are not applied because they collide with FRCP 56. In other words, at the federal level, in some respects, an anti-SLAPP motion is treated as a summary judgment motion. But even though the SLAPP statute is applied by federal courts to state law claims, district courts … [Read more...] about Federal Claims & Anti-SLAPP Motions