Relying primarily on a recent California Supreme Court decision, I wrote a while back that the discovery rule does not apply to defamation cases. That is, generally, you have one year to file a lawsuit for defamation (slander/libel) from the time the statement or statements are published. Unfortunately, the Supreme Court did not address specifically whether the discovery rule … [Read more...] about What is the Statute of Limitations in Internet Defamation Cases?
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Mandatory Attorneys’ Fees To Prevailing anti-SLAPP Defendants
California's anti-SLAPP statute (CCP § 425.16(c)) provides that a "prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. The fee award is not discretionary--it is mandatory--and the fees can be very significant. The purpose behind this rule is to discourage strategic lawsuits against public participation … [Read more...] about Mandatory Attorneys’ Fees To Prevailing anti-SLAPP Defendants
Can You File A SLAPP Suit And Then Dismiss It Without Any Consequences?
The mere threat of an anti-SLAPP motion (or serving the motion on the other party) may be sufficient to cause them to dismiss the suit before a hearing on the merits. Under those circumstances, are there consequences for the dismissing party? The court in Moore faced this issue and presented it clearly: "This appeal addresses the question whether the plaintiff in a … [Read more...] about Can You File A SLAPP Suit And Then Dismiss It Without Any Consequences?