Defamation Law Chaos

Say what you will about "Web 2.0" and the so-called "evolution" of the Internet. The fact is, the Internet is still the Wild Wild West, especially with respect to policing/regulating the web. Witness the herculean struggle in the United States to define the limits of free speech on the net and you get the picture. […]

Twitterers Beware! Courtney Love Gets Sued For Tweets

Warning! This post contains language which may be offensive to some. Please do not read it if you find profanity objectionable or if it makes you feel uncomfortable. E Online! is reporting that Courtney Love is being sued in Los Angeles by a designer for defamation and other claims. The "Hole" rockstar allegedly made outrageous statements […]

The Secret To Getting Negative Customer Reviews Taken Down Forever

You are a professional service provider and you pride yourself on the quality of your services.  Odds are, you have a lot of experience and you’ve spent a great deal of time building your professional reputation in the community. Then it happens. You get hit with one or two negative reviews online about you or […]

Nguyen-Lam v. Cao: Amendment of Complaint After Anti-SLAPP Motion Filed

California Defamation precedent never ceases to amaze me due to its complexity and fact specific holdings. The case of Nguyen-Lam v. Cao (2009) WL 484589 illustrates my point perfectly.  In Nguyen-Lam, a Vietnamese woman who was slated to become the nation’s first Vietnamese superintendent of a public school district, sued the Defendant for slander per […]

A Defamatory Statement Must Be Of And Concerning The Plaintiff

Colloquium  1. The offer of extrinsic evidence to show that an alleged defamatory statement referred to the plaintiff even though it did not explicitly mention the plaintiff.  2. The introductory averments in a plaintiff’s pleading setting out all the special circumstances that make the challenged words defamatory. Black’s Law Dictionary, Seventh Edition, at p. 258. One […]

New Libel Bill Introduced In The House Of Representatives

A new bill was introduced on March 4th by Peter King of New York that would create a federal cause of action in tort for so-called Libel Tourism.  Libel Tourism is forum shopping.  It is the strategic selection of plaintiff friendly jurisdictions in defamation cases. The bill is known as the Free Speech Protection act […]

Surfing Legend Loses Libel Lawsuit

 "Vaya con Dios, Brah." -Johnny Utah, Point Break Based solely on the movies and other anecdotal evidence, you would never think that a surfer would sue another surfer for libel.  But it happened.  And the surfer who brought the lawsuit lost at trial. Matthew Heller writes in On Point that Craig "Owl" Chapman sued a […]

Are You Sure You Want to File An Appeal?

The vast majority of defamation appeals are taken after a trial court has granted a special motion to strike, also known as an anti-SLAPP motion.  Most of these appeals are affirmed.  In other words, the appeals are unsuccessful. And while most appeals (other than defamation) are unsuccessful, losing an appeal in the defamation context can […]