This is a question that comes up quite frequently and appears to be a source of some confusion. The law is that motions to strike a state law claim are proper in California Federal courts, e.g., libel, slander, intentional interference with prospective economic advantage. This is so because there is no conflict between the Federal rules and Code of Civil Procedure 425.16(b). … [Read more...] about Can an anti-SLAPP Motion Be Filed In Federal Court?
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The California Supreme Court’s anti-SLAPP Decisions
Here is a list of the California Supreme Court's 24 decisions to date regarding the SLAPP statute. This is a great starting point to learn about this very complicated and interesting area of law. Here they are in reverse chronological order. Simpson Strong-Tie Company Inc. v. Pierce Gore (2010) WL 1948283 Vargas v. City of Salinas (2009) 46 Cal.4th 1 In re Episcopal Church … [Read more...] about The California Supreme Court’s anti-SLAPP Decisions
What Is The Definition Of Trade Libel?
"Trade libel is defined as an intentional disparagement of the quality of property, which results in pecuniary damage to plaintiff." Erlich v. Etner (1964) 224 Cal.App.2d 69, 73, 36. … [Read more...] about What Is The Definition Of Trade Libel?
Internet Defamation: Sue Scheff Discusses Google Bombs and Reputation Management
Enrico Schaefer over at Traverse Legal alerted me to this podcast that a colleague of his hosted with reputation management pioneer Sue Scheff. I have discussed Sue's harrowing story and her book Google Bomb (co-written with attorney John dozier, Jr.) in a previous post. In this podcast, Sue discusses: The definition of a Google Bomb Why defamation lawsuits are difficult … [Read more...] about Internet Defamation: Sue Scheff Discusses Google Bombs and Reputation Management
How Long Do You Have To File An Anti-SLAPP Motion?
A section 425.16 motion (AKA anti-SLAPP motion) must be filed no later than 60 days after service of the complaint or amended complaint. Of course, a court has discretion to allow an anti-SLAPP motion to be filed after 60 days. CCP 425.16(f). In addition, unlike other motions to strike (or a demurrer), an anti-SLAPP motion may be heard before or after a defendant files an … [Read more...] about How Long Do You Have To File An Anti-SLAPP Motion?