and which is the WRONG question. It goes something like this: "Adrianos, someone wrote defamatory comments about me on the internet and I want to do something about it. Can I file a lawsuit?" This is the WRONG question. Anyone can file a lawsuit at anytime, whether it's defamation, libel, slander, intentional infliction of emotional distress, breach of … [Read more...] about The Question Nearly Every Client Asks Me . . .
Defamation
How Some Celebrity Lawyers Do It And Why Your Lawyer Shouldn’t . . .
I understand very well that lawyers have an obligation to zealously advocate on behalf of their clients. However, there are certain tactics which attorneys should never employ. One such tactic is to insert irrelevant matter in a pleading in order to gain a PR advantage over a defendant (e.g., personal details about somebody's life, irrelevant and prejudicial … [Read more...] about How Some Celebrity Lawyers Do It And Why Your Lawyer Shouldn’t . . .
Examples of the Thin line Between Actionable Statements And Mere Opinions
The question of whether a statement constitutes an actionable statement or merely protected opinion is one of the most difficult questions for a judge to consider in the defamation context. In fact, the California Supreme Court said in a case: "The distinction as to what is a statement of fact and what is a statement of opinion is frequently a difficult one." The … [Read more...] about Examples of the Thin line Between Actionable Statements And Mere Opinions
Defendants: How To Win A Defamation Case Without Filing An Anti-SLAPP Motion Or Going To Trial
As I sit here and enjoy another sunny day in Los Angeles, California, I think to myself, "man, I'm lucky." I get to litigate cases which intrigue me, and get to help people resolve their disputes without resorting to self-help (in most instances). But you're not here to listen to my idle musings. You're reading this because you want to know what's the single biggest … [Read more...] about Defendants: How To Win A Defamation Case Without Filing An Anti-SLAPP Motion Or Going To Trial
Defamation By Omission?
I remember sitting in a church pew many years ago hearing the pastor speak about two different kinds of sin: Sins of "commission" and sins of "omission." I understood very well as a teenager that you weren't supposed to do bad things (commission), but it was always a bit more abstract and difficult to understand that failing to do something could get … [Read more...] about Defamation By Omission?