Janice Dickenson, a well-known celebrity and model, filed an action against Bill Cosby, also well-known TV personality and comedian, for defamation, false light, and intentional infliction of emotional distress. After going public with accusations of rape against Cosby, Dickenson received a demand letter and discovered a press release, both issued by Cosby’s attorney Martin … [Read more...] about Are anti-SLAPP Motions the Proper Vehicle to Attack Derivative Claims? Dickenson v. Cosby (2017) 17 Cal.App.5th 655
Defamation
Are Statements About Future Events Defamatory?
As I've written about before, there is a thin and often elusive line between what is actionable defamation and what is non-actionable opinion. An example of a type of statement that often confounds lawyers is one that appears to be a false statement of fact, but is actually an opinion about a future event or outcome. These statements usually arise from predictions about the … [Read more...] about Are Statements About Future Events Defamatory?
5 Common Mistakes Lawyers Make When Drafting Defamation Complaints
In my defamation practice I see lawyers continually making the same mistakes when they draft complaints. Unfortunately for their clients, these drafting errors often lead to partial or complete dismissals of their lawsuits. Here are just five of these common mistakes: 1. Pleading injunction as a cause of action. An injunction is a powerful remedy for a claimant in a lawsuit, … [Read more...] about 5 Common Mistakes Lawyers Make When Drafting Defamation Complaints
General Principles of Personal Jurisdiction in Defamation Cases
Due process permits state courts to exercise personal jurisdiction over nonresidents who have “minimum contacts” with the forum state. “Minimum contacts” means a relationship between the nonresident and the forum state is such that the exercise of jurisdiction does not offend “traditional notions of fair play and substantial justice” under the U.S. Constitution's Fourteenth … [Read more...] about General Principles of Personal Jurisdiction in Defamation Cases
Defamation Is A Personal Injury
Personal injury lawyers get a bad rap because of years of tort reform and hokey advertisements. But personal injury law is much broader than just auto accident and slip and fall cases. Every time a doctor misdiagnoses a patient causing injury, a personal injury lawyer steps in and advocates on behalf of the patient's safety, which makes the entire community safer. The same is … [Read more...] about Defamation Is A Personal Injury