In a recent unpublished decision, Cavuoto v. Rainford, plaintiffs learned the hard way why it is important to include sufficient allegations to support a defamation claim. There, plaintiffs alleged several claims, including one for defamation. The court granted two demurrers with leave to amend, and then granted defendant's demurrer as to the second amended complaint with … [Read more...] about Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages
Defamation
Are anti-SLAPP Motions the Proper Vehicle to Attack Derivative Claims? Dickenson v. Cosby (2017) 17 Cal.App.5th 655
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
How To Deal With A “Scam” Listing For Your Company’s Name
One of the most devastating listings you can have is a "scam" listing for your name or your company's brand name on the Internet. I know this because people call me nearly every day and tell me that someone has written something defamatory about them on the Web. However, there are ways to deal with this, and one particular dynamite strategy which I stumbled across … [Read more...] about How To Deal With A “Scam” Listing For Your Company’s Name
Examples of the Thin line Between Actionable Statements And Mere Opinions
The question of whether a statement constitutes an actionable statement or merely protected opinion is one of the most difficult questions for a judge to consider in the defamation context. In fact, the California Supreme Court said in a case: "The distinction as to what is a statement of fact and what is a statement of opinion is frequently a difficult one." The … [Read more...] about Examples of the Thin line Between Actionable Statements And Mere Opinions
Don’t Let The Court Give Your Adversary Special Treatment
Every once and a while I come across a pro se litigant on the other side of the case (note: pro se litigant means someone who is representing him or herself), and this can be a good thing, but it can also be a major irritant On the positive end, as a lawyer, you have a tremendous advantage against your adversary and you can really do a number on him or her if they don't follow … [Read more...] about Don’t Let The Court Give Your Adversary Special Treatment