Corporations May Not Maintain A Claim For False Light

Plaintiffs often make the mistake of alleging claims of false light on behalf of corporations. This often occurs when the case also involves individual plaintiffs, particularly in the context of internet defamation. It springs from a fundamental misunderstanding of the law. But California does not recognize a claim for false light for corporations. “This is because the […]

5 Common Mistakes Lawyers Make When Drafting Defamation Complaints

In my defamation practice I see lawyers continually making the same mistakes when they draft complaints. Unfortunately for their clients, these drafting errors often lead to partial or complete dismissals of their lawsuits. Here are just five of these common mistakes: 1. Pleading injunction as a cause of action. An injunction is a powerful remedy […]

General Principles of Personal Jurisdiction in Defamation Cases

Due process permits state courts to exercise personal jurisdiction over nonresidents who have “minimum contacts” with the forum state. “Minimum contacts” means a relationship between the nonresident and the forum state is such that the exercise of jurisdiction does not offend “traditional notions of fair play and substantial justice” under the U.S. Constitution’s Fourteenth Amendment […]

Malicious Prosecution

Malicious prosecution is extremely difficult to prove and is disfavored by the law. It requires the plaintiff to plead and prove four distinct elements in order to prevail. These elements are: (1) initiation of a prior proceeding; (2) favorable termination; (3) lack of probable cause; and (4) malice. The first element is pretty self-explanatory: it […]

Defamation Is A Personal Injury

Personal injury lawyers get a bad rap because of years of tort reform and hokey advertisements. But personal injury law is much broader than just auto accident and slip and fall cases. Every time a doctor misdiagnoses a patient causing injury, a personal injury lawyer steps in and advocates on behalf of the patient’s safety, which […]

Travolta & Singer Sued For Alleged LIbel

Here’s a good article by the Hollywood Reporter about a lawsuit that was filed today against John Travolta and Martin Singer, which serves as a good illustration as to what dangers await those who file defamation lawsuits. Robert Randolph, who wrote You’ll Never Spa In This Town Again is suing John Travolta and Martin Singer […]