Is the anti-SLAPP Statute Being Abused?

In what will probably be one of the most significant anti-SLAPP cases of 2011, the First District in Grewal v. Jammu, expressed in no uncertain terms that the anti-SLAPP statute is being abused. Justice Richman, writing for the majority, took the opportunity to detail the particular abuses of Section 425.16, with a not so subtle […]

What Is The Standard of Review On An anti-SLAPP Appeal?

I outlined in a previous post how risky it is for a losing plaintiff on an anti-SLAPP motion to appeal a trial court’s ruling. The primary reason being that a prevailing defendant may be awarded his attorney’s fees for opposing the SLAPP at the trial and appellate levels. But in this post I want to […]

A Little Known Requirement in the California anti-SLAPP Statute

I was not surprised last week when a Judge said that anti-SLAPP is a complicated area of law—it most certainly is. There are well over 350 published decisions on the subject, including several California Supreme court decisions. I often tell other lawyers that they need to be very careful in crafting their papers in support […]

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 […]