I recently saw an article that discussed whether Herman Cain would file a lawsuit for defamation. Cain has apparently hired a defamation specialist to advise and monitor the situation for him, particularly the proposed joint conference by Cain's accusers. If the question is whether Cain will file a lawsuit for defamation, slander, or libel, whatever you want to call it, the … [Read more...] about Cain’s Defamation Lawyer Won’t File Suit
Anti-SLAPP Defendant’s Burden Of Proof: Prong Two
A common cause of failure on an anti-SLAPP motion is a misunderstanding of the evidentiary burdens each side must satisfy. I suppose its understandable given skeletal analysis found in most of the typical practice guides. And with over 400 published decisions in this area, I suppose it's inevitable that busy practitioners--who are not experts--will overlook some of the … [Read more...] about Anti-SLAPP Defendant’s Burden Of Proof: Prong Two
Federal Claims & Anti-SLAPP Motions
Few lawyers are aware that the anti-SLAPP statue applies at the federal level, although some of its provisions are not applied because they collide with FRCP 56. In other words, at the federal level, in some respects, an anti-SLAPP motion is treated as a summary judgment motion. But even though the SLAPP statute is applied by federal courts to state law claims, district courts … [Read more...] about Federal Claims & Anti-SLAPP Motions
Defamation Law Videos
Although some people prefer to absorb information by text, I know others enjoy video. So here is a link to my Defamation Law Channel on YouTube. Hope you find it helpful. I also discuss matters relating to California Anti-SLAPP law. … [Read more...] about Defamation Law Videos
TKO: The Only Way To Go
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 … [Read more...] about TKO: The Only Way To Go