Beyond the obvious hurdles of proving a defamation case, a Plaintiff has to worry about what I call the “Bazooka,” (mainly because I love saying that word). The Bazooka is an anti-SLAPP motion. Such a motion allows a defendant to dispose of the case at an early stage of litigation and is found in California Civil Code of Procedure section 425.16, et seq. Basically, as long the defendant can show that the lawsuit is directed against free speech, defendant will prevail unless plaintiff can demonstrate a probability of prevailing on the merits. This is no easy task, especially in cases where the defendant contends that plaintiff is a public figure. Thus, the Bazooka.
Defamation Law Chaos
Say what you will about "Web 2.0" and the so-called "evolution" of the Internet. The fact is, the Internet is still the Wild Wild West, especially with respect to policing/regulating the web. Witness the herculean struggle in the Un…
Is A Mixed Cause Of Action Subject to Strike Under Section 425.16?
WARNING: This post contains an advanced concept that may only be of interest to California defamation lawyers and other people who deal with anti-SLAPP motions on a regular basis. OK. With that disclaimer in mind, what in the heck is…
Excellent blog this http://www.defamationlawblog.com well done and I was really pleased to stumble on : this it’s just what I needed to know.
It’s taken me literally 2 hours and 27 minutes of searching the web to find http://www.defamationlawblog.com (lol) 😉
But seriously I am really interested in Estate Agents normally and so I shall be very pleased to become a regular visitor
See you soon