Tennessee Congressman Steve Cohen recently introduced H.R. 4364, which is a proposed federal anti-SLAPP law (I mentioned this in an earlier post here). If passed, this could have a significant impact on the legal landscape nationwide. If you liked this post please subscribe to the California Defamation Law Newsletter to receive the "Ultimate Beginner's Guide … [Read more...] about Federal Anti-SLAPP Legislation Introduced (Finally)
Anti-SLAPP
Don’t Make This Mistake In Your Declaration . . .
As I wrote in an earlier post this week, the parties to an anti-SLAPP motion must present competent, admissible evidence. Such evidence is usually presented in a declaration, which is where most people make a very common and totally avoidable mistake. It usually looks like this: "I am informed and believe that John Doe claims he is an accredited physical therapist and has … [Read more...] about Don’t Make This Mistake In Your Declaration . . .
Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence
I came across a case the other day which spelled out an unsexy, but no less important concept of anti-SLAPP law. Not knowing this concept may spell doom whether you're bringing or opposing an anti-SLAPP motion. While it is unsurprising that many in pro per parties miss the boat on this one, many attorneys also screw this one up. What am I talking about? I'm talking about the … [Read more...] about Party Opposing Anti-SLAPP Motion Must Present Competent, Admissible Evidence
Anti-SLAPP Law: Legal Malpractice Trap For The Unwary? Part II
I pointed out last week here that anti-SLAPP law is much more complicated and nuanced than you might expect, and therefore, that it could present a legal malpractice TRAP for the unwary. I repeat: drafting an anti-SLAPP motion is not like doing your average demurrer for failure to state a cause of action or motion to strike. It is much more time intensive (in vast majority of … [Read more...] about Anti-SLAPP Law: Legal Malpractice Trap For The Unwary? Part II
Leave To Amend A Complaint After A Successful Anti-SLAPP Motion?
You are a plaintiff in a lawsuit and the defendant filed and won an anti-SLAPP motion striking your entire complaint. May a court grant you leave to amend the complaint? In other words, will the court let you "fix the problem" with your complaint. No. Simmons v. Allstate Co. (2001) 92 Cal.App.4th 1068, 1073. The purpose of the anti-SLAPP statute is to eliminate … [Read more...] about Leave To Amend A Complaint After A Successful Anti-SLAPP Motion?