Can an anti-SLAPP Motion Be Filed In Federal Court?

This is a question that comes up quite frequently and appears to be a source of some confusion. The law is that motions to strike a state law claim are proper in California Federal courts, e.g., libel, slander, intentional interference with prospective economic advantage. This is so because there is no conflict between the Federal […]

The California Supreme Court’s anti-SLAPP Decisions

Here is a list of the California Supreme Court’s 24 decisions to date regarding the SLAPP statute. This is a great starting point to learn about this very complicated and interesting area of law. Here they are in reverse chronological order. Simpson Strong-Tie Company Inc. v. Pierce Gore (2010) WL 1948283 Vargas v. City of […]

Internet Defamation: Sue Scheff Discusses Google Bombs and Reputation Management

Enrico Schaefer over at Traverse Legal alerted me to this podcast that a colleague of his hosted with reputation management pioneer Sue Scheff. I have discussed Sue’s harrowing story and her book Google Bomb (co-written with attorney John dozier, Jr.) in a previous post. In this podcast, Sue discusses: The definition of a Google Bomb […]

How Long Do You Have To File An Anti-SLAPP Motion?

A section 425.16 motion (AKA anti-SLAPP motion) must be filed no later than 60 days after service of the complaint or amended complaint. Of course, a court has discretion to allow an anti-SLAPP motion to be filed after 60 days. CCP 425.16(f). In addition, unlike other motions to strike (or a demurrer), an anti-SLAPP motion […]

What Is A “Public Forum” For Purposes Of The Anti-SLAPP Statute?

The purpose of the so-called “SLAPP” statute is to eliminate lawsuits brought “primarily to chill the valid exercise of the constitutional right of freedom of speech and petition for the redress of grievances.” Code Civ. Proc. Section 425.16(a). Courts engage in a two-part analysis focusing first on whether the disputed cause of action arises from […]

Is An Arbitration Claim Subject To An Anti-SLAPP Motion?

The California Court of Appeal, Sixth District, answered this question in Sheppard v. Lightpost Museum Fund (2006) 146 Cal.App.4th 654. In that case the court held that a superior court cannot " . . . grant a motion to strike an arbitration claim filed only in an agreed arbitral forum and not asserted by the […]

Internet Defamation Lawyer Caught On Video . . .

I’m having way too much fun creating educational videos using a cool site I found called www.xtranormal.com.  The site allows you to create animated videos, which is a lot of fun. I also think it’s a great way to continue to share excellent content with you regarding California Defamation Law and so you can "see" […]

This Is What A Defamation Lawyer Sounds Like . . .

I had the great privilege to be a part of the Entertainment Law Update: Episode 3: Bloggers, Journalists, and Defamation. Click here to listen to the recording and hear what a defamation lawyer sounds like. Why should you listen? You’ll learn how bloggers can take advantage of a law that was originally intended to protect […]