"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?
Defamation
Best Of California Defamation Law Blog: 2009
This has been an exciting year here at the California Defamation Law Blog, so I thought it'd be a good idea to highlight our top 10 favorite posts, considering page views, comments, and other forms of reader feedback. I hope you revisit and enjoy these posts. Here's to an even better 2010! Here they are: Do You Have A Case For Defamation? The Three Types Of Damages In … [Read more...] about Best Of California Defamation Law Blog: 2009
Is An Anti-SLAPP Motion Like A Demurrer?
Once a defendant makes its threshold showing that a complaint arises under protected activity, the plaintiff must demonstrate a probability of prevailing on the merits. This means a plaintiff must state and substantiate a legally sufficient claim. Premier Med. Mgmt. Systems, Inc. v. California Ins. Guar. Ass'n (2006) 136 Cal.App.4th 464. Stated another way, plaintiff … [Read more...] about Is An Anti-SLAPP Motion Like A Demurrer?
Federal Anti-SLAPP Legislation Introduced (Finally)
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)
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