California Defamation Law Blog : Los Angeles Defamation & Anti-SLAPP Lawyer & Attorney : Adrianos Facchetti Law Firm

During World War Two, when faced with the menace of the Axis, the greatest criminal conspiracy of all time, President Franklin D. Roosevelt did not hesitate to take a hard stand. 'We will meet force with greater force, violence with greater violence,' he declared. This is the only kind of language some people understand--and the only kind of action they fear (or even take seriously). -- J. Paul Getty

Even though Getty was discussing his son's kidnapping in specific, and the decline of Western civilization in general, his words apply with equal force to certain individuals who use the internet as a weapon to destroy the reputations of others.

Getty has it right: some people only respond to force. It's the only language they understand--and the only action they fear.

Yet many clients have a hard time understanding this. They assume that talking or trying to reason with the defamer will produce results. But they are wrong. The only proper response in these circumstances is to use unremitting, overwhelming force. You must use all legal and ethical means to make this kind of person stop. This means you must file a lawsuit. Then when you get a Judgment, you must enforce it. And after all this if the defamer still doesn't get the hint: you ask the Court to put them in jail. Period.

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As I sit here and enjoy another sunny day in Los Angeles, California, I think to myself, "man, I'm lucky." I get to litigate cases which intrigue me, and get to help people resolve their disputes without resorting to self-help (in most instances).

But you're not here to listen to my idle musings.

You're reading this because you want to know what's the single biggest weapon to knock out a defamation lawsuit post-anti-SLAPP motion.

Now, my guess is that you've probably already tried filing an anti-SLAPP motion and you lost . . .

And . . .

You don't want to go trial because you know it's a big risk and it could end up costing you a lot of money (aside from the attorney's fees).

So what is this weapon of choice in defamation cases?

It's the almighty Motion for Summary Judgment.

What you might know is that it has the potential to knock out each of your opponent's claims.

However, what you might not know is that it is particularly potent in the defamation and/or invasion of privacy context.

Specifically, courts have held that:

"Summary judgment is a favored remedy in defamation and invasion-of-privacy cases due to the chilling effect of protracted litigation on First Amendment rights."

and . . .

“[T]he courts impose more stringent burdens on one who opposes the motion and require a showing of high probability that the plaintiff will ultimately prevail in the case. In the absence of such showing, the courts are inclined to grant the motion and do not permit the case to proceed past the summary judgment stage.”

The message is clear to defendants:

All things being equal, the court is likely to rule in your favor.

I just shared an extremely important piece information with you that most attorneys don't even know about. If you enjoyed it, and you want to get more great information, click here to get the "Ultimate Beginner's Guide To Defamation Law."

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