In 2019, California’s appellate courts issued 42 published opinions interpreting the state’s anti-SLAPP statute. Cal. Civ. Proc. § 425.16 et. seq. Litigants filed at least 435 anti-SLAPP motions in California’s trial courts...more
The California Supreme Court unanimously decided earlier in the year that in ruling on an anti-SLAPP motion, the context of a defendant’s statement—such as the commercial nature of the statement, the identity of the speaker,...more
In 1972, the Sierra Club brought suit in California to temporarily halt logging in a primitive forest to try to prevent despoliation that might have prevented the forest from being considered as a national wilderness area. ...more
The California Supreme Court unanimously decided on Monday that in ruling on an anti-SLAPP motion, the context of a defendant’s statement – such as the commercial nature of the statement, the identity of the speaker, the...more
The California Supreme Court unanimously decided last week that in ruling on an anti-SLAPP motion, California courts should accept the opponent’s documentary evidence even if it would not be admissible at trial in the form...more
In 2017, California’s state and federal appellate courts issued 34 published opinions interpreting the state’s anti-SLAPP statute (C.C.P. § 425.16 et. seq.) and more than 169 unpublished appellate opinions. The California...more
In 2016, the California Supreme Court and the Ninth Circuit Court of Appeals issued important opinions interpreting California’s anti-SLAPP statute (C.C.P. § 425.16 et seq.), once again broadly construing its application. See...more
Annually, California’s Courts of Appeal and the Ninth U.S. Circuit Court of Appeals regularly issue several dozen published opinions interpreting California’s anti-SLAPP statute, Civil Procedure Section 425.16 et seq., and...more
In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a...more
Thanksgiving arrived early for those who use California’s anti-SLAPP statute to fight meritless claims targeting free speech and petition rights. On Nov. 27, 2013, the Ninth Circuit Court of Appeals refused to reconsider its...more
A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more