This has been an exciting year here at the California Defamation Law Blog, so I thought it'd be a good idea to highlight our top 10 favorite posts, considering page views, comments, and other forms of reader feedback. I hope you revisit and enjoy these posts. Here's to an even better 2010! Here they are: Do You Have A Case For Defamation? The Three Types Of Damages In … [Read more...] about Best Of California Defamation Law Blog: 2009
Archives for December 2009
Libelous Statements Must Be Specifically Identified
Enough! Enough of the vague allegations that leave defamation defense counsel (like myself) wondering what you mean when you plead, for example, that "defendant made statements indicating that plaintiff is dishonest and is a liar." That is not enough to properly state a cause of action for libel or defamation! “The general rule is that the words constituting an … [Read more...] about Libelous Statements Must Be Specifically Identified
Is An Anti-SLAPP Motion Like A Demurrer?
Once a defendant makes its threshold showing that a complaint arises under protected activity, the plaintiff must demonstrate a probability of prevailing on the merits. This means a plaintiff must state and substantiate a legally sufficient claim. Premier Med. Mgmt. Systems, Inc. v. California Ins. Guar. Ass'n (2006) 136 Cal.App.4th 464. Stated another way, plaintiff … [Read more...] about Is An Anti-SLAPP Motion Like A Demurrer?
Federal Anti-SLAPP Legislation Introduced (Finally)
Tennessee Congressman Steve Cohen recently introduced H.R. 4364, which is a proposed federal anti-SLAPP law (I mentioned this in an earlier post here). If passed, this could have a significant impact on the legal landscape nationwide. If you liked this post please subscribe to the California Defamation Law Newsletter to receive the "Ultimate Beginner's Guide … [Read more...] about Federal Anti-SLAPP Legislation Introduced (Finally)
Don’t Make This Mistake In Your Declaration . . .
As I wrote in an earlier post this week, the parties to an anti-SLAPP motion must present competent, admissible evidence. Such evidence is usually presented in a declaration, which is where most people make a very common and totally avoidable mistake. It usually looks like this: "I am informed and believe that John Doe claims he is an accredited physical therapist and has … [Read more...] about Don’t Make This Mistake In Your Declaration . . .