Finally! Liability Insurance for Bloggers

It’s a well-known fact among lawyers that most insurance policies don’t cover defamation, invasion of privacy, or copyright infringement claims. It’s also true that legal threats against bloggers have escalated dramatically in recent years. So what’s a blogger to do? Give up? Never! The Media Bloggers Association has launched an education, legal advisory, and liability […]

“Cache” is King in On-line Defamation Cases

I posted yesterday about Steven Tyler’s lawsuit against anonymous bloggers. You can read that post here. I thought about the case some more and a particular thought jumped out at me. According to the complaint, Tyler’s attorney sent a letter to Google asking them to remove the blogs, which Google did. The complaint goes on, […]

Aerosmith Lead Singer’s “Cryin'” over Bloggers’ posts

Steven Tyler, of the world-renowned rock band Aerosmith, has sued anonymous bloggers for: (1) public disclosure of private facts; (2) false light; and (3) misappropriation of likeness. Tyler alleges that the defendants impersonated him and his girlfriend in various posts to their blogs on Google’s free blogging platform, Blogspot. This lawsuit is interesting because Tyler […]

“Anti-SLAPP”- Weapon of Choice for Defendants

Beyond the obvious hurdles of proving a defamation case, a Plaintiff has to worry about what I call the “Bazooka,” (mainly because I love saying that word). The Bazooka is an anti-SLAPP motion. Such a motion allows a defendant to dispose of the case at an early stage of litigation and is found in California […]

Subpoenas not subject to motion to strike as “SLAPP”: Tendler v. www.jewishsurvivors.blogspot.com

Subpoenas are not subject to a motion to strike under Code of Civil Procedure section 425.16, et seq., because they do not constitute a “cause of action.” Tendler v. www.jewishsurvivors.blogspot.com, June 10, 2008 164 Cal.App.4th 802. This decision will undoubtedly lead to an increase in requests for subpoenas to ISPs and assist plaintiffs in obtaining […]

AutoAdmit Saga Continues: Anonymous Posters Beware!

If you like drama you will LOVE the AutoAdmit case. (for the full story read here.) Yale students are suing at least 39 defendants for defamation. Many of the alleged defamatory remarks were made by anonymous posters. But the fascinating part is that plaintiff’s counsel has been able to uncover some of the names of […]

Recent “anti-SLAPP” discovery decision: Paterno v. Superior Court

Here is an interesting case. In Paterno v. Superior Court (2008) Cal.App.4th 1432 (June 13, 2008) the Court of Appeal (Fourth Appellate District, Division 3) issued a peremptory writ directing the trial court to vacate the order allowing Plaintiff to conduct limited discovery on the issue of malice and to issue a new and different […]

Defamation Basics: PART I

Defamation seems like a simple concept. Someone says or writes something damaging about someone’s else’s reputation, right? Wrong. The legal requirements for defamation are far more stringent than you might expect. I find that most people equate defamation with office gossip. It’s true. (refer to said simple definition above). So lets clear it up. The […]

About this Blog

Welcome to the California Defamation Law Blog. The purpose of my blog is to educate (and occasionally entertain) you in the area of California defamation law, obviously. Over the next few weeks I’ll be covering the basics of defamation law in a multi-part series imaginatively titled, “Covering the Basics.” I hope you enjoy it. Buffer