Kim Kardashian’s Defamation Claim: Smart Or Not?

Faced with a growing backlash from the public for her mini-marriage to NBA basketball player, Chris Humphries, Kim Kardashian has filed a claim for arbitration alleging breach of a confidentiality agreement and defamation. I won’t recount the details about the wedding extravaganza, which was televised, because I think most people are probably familiar with it […]

Cain’s Defamation Lawyer Won’t File Suit

I recently saw an article that discussed whether Herman Cain would file a lawsuit for defamation. Cain has apparently hired a defamation specialist to advise and monitor the situation for him, particularly the proposed joint conference by Cain’s accusers. If the question is whether Cain will file a lawsuit for defamation, slander, or libel, whatever […]

Anti-SLAPP Defendant’s Burden Of Proof: Prong Two

A common cause of failure on an anti-SLAPP motion is a misunderstanding of the evidentiary burdens each side must satisfy. I suppose its understandable given skeletal analysis found in most of the typical practice guides. And with over 400 published decisions in this area, I suppose it’s inevitable that busy practitioners–who are not experts–will overlook some […]

Federal Claims & Anti-SLAPP Motions

Few lawyers are aware that the anti-SLAPP statue applies at the federal level, although some of its provisions are not applied because they collide with FRCP 56. In other words, at the federal level, in some respects, an anti-SLAPP motion is treated as a summary judgment motion. But even though the SLAPP statute is applied […]