In an attempt to avoid the negative consequences of the anti-SLAPP statute, Plaintiffs often attempt to move the Court to allow them to conduct costly and invasive discovery under Code of Civil Procedure 425.16, subdivision (g). Such requests are typically not supported by good cause and can be successfully opposed, as long as you are familiar with the usual arguments … [Read more...] about Defeating a Motion to Lift the Discovery Ban Under Civil Procedure 425.16(g)
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Consumer Reviewers: The First Amendment Protects You Against UCL Claims Arising From Non-Commercial Speech
In cases involving defamation arising from a critical consumer review, Plaintiff's lawyers often make the mistake of including a claim for unfair business practices ("UCL") in their client's complaint. This is often unnecessary because the claim for defamation is sufficient by itself in most cases. All it does is create a larger attack surface for an experienced defamation … [Read more...] about Consumer Reviewers: The First Amendment Protects You Against UCL Claims Arising From Non-Commercial Speech
How to Get Your Insurance Company to Pay For A Top Defamation Lawyer
If you have been sued for defamation and if you have an applicable insurance policy that may cover the claim, you may be able to get your insurance company to pay for a lawyer of your choosing. Why is this important? Because insurance companies regularly work with "panel" defense lawyers who are generalists. These lawyers handle all different kinds of cases. They rarely have … [Read more...] about How to Get Your Insurance Company to Pay For A Top Defamation Lawyer
What Happens When Your Insurance Company Agrees to Defend You Under a Reservation of Rights?
In many cases when you are sued for defamation and present a claim to your homeowner's insurance company, the company may agreed to defend you under a "reservation of rights." This means that there is a question as to whether the company is required to cover you under the policy, i.e. the agreement between you and the insurance company. The reason insurance companies do this is … [Read more...] about What Happens When Your Insurance Company Agrees to Defend You Under a Reservation of Rights?
The Secret to Saving Thousands of Dollars in a Defamation Case
If you have been sued for defamation or libel, you need to hire an attorney who understands and has experience handling these kinds of cases, especially if it involves Internet defamation. Obviously, you cannot expect a good result if the attorney spends most of their time handling other areas of law. Unfortunately, a good lawyer will require an upfront payment in the thousands … [Read more...] about The Secret to Saving Thousands of Dollars in a Defamation Case