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California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition (litigation) or...more
When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board...more
This blog has devoted a lot of real estate to the use of anti-SLAPP motions in California trust and estate litigation. Though the courts’ treatment of such motions is varied and oftentimes unpredictable, Californians can...more
Game Developer Dodges Loot Box Suit - In-app epi-games are not the same as slot machines, court says. Again with the Noises and Bright Lights - It’s been a while since we reported on defendant Supercell’s...more
California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition or free speech on...more
As we head into another election cycle, several CGA members have asked about their rights with respect to unwanted signature gatherers and other solicitors. We’ve heard many stories about belligerent signature gatherers who...more
Miller Marital Deduction Trust v. Zurich American Insurance Company, — P.3d –, 2019 WL 5304862; First Appellate District Court of Appeal, Division Three, Case No. A155398 (October 21, 2019). In Miller Marital Deduction...more
This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more
Prior to the California Supreme Court’s decision in Wilson vs. Cable News Network, Inc., California Courts of Appeal were split on whether California’s anti-SLAPP statute applied to an employee’s claims of discrimination and...more
Does Anti-SLAPP protection apply to retaliation and discrimination cases? The answer is yes....more
The California Court of Appeal affirmed dismissal of a former freelancer’s defamation and employment-related claims against the Times. Frederick Theodore Rall III, a political cartoonist and blogger for the paper, brought...more
How and where public officials share information is critical to whether the dissemination is “protected activity” under California’s anti-Strategic Lawsuit Against Public Participation statute, an appellate court has found....more
In Reichenbach v. Haydock, 92 Mass.App.Ct. 567 (2017), the Massachusetts Appeals Court clarified the evolving legal framework used to determine whether a case should be dismissed under G.L. c. 231, § 59H, the anti-Strategic...more
The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free...more
A party-by-party analysis was adopted by an appellate court for the California anti-SLAPP statute, significantly narrowing the scope of a lawsuit brought against the City of Alameda and its employees. ...more
SLAPP is the initialization of the phrase “strategic lawsuit against public participation”. A more informative description of SLAPP suits is found in Simpson Strong-Tie Co., Inc. v. Gore, 49 Cal.4th 12, 21 (2010)...more
In a recent 50-page published opinion, the California Court of Appeal determined that offensive and derogatory language on a movie set was protected activity under the anti-Strategic Lawsuit Against Public Participation (or...more
In Baral v. Schnitt, the California Supreme Court addressed a question that has divided California appellate courts for more than a decade: whether a special motion to strike under California’s anti-SLAPP statute (C.C.P....more
The California Supreme Court resolved a decade-long conflict among lower appellate courts in its watershed opinion Baral v. Schnitt, Case No. S225090, 2016 WL 4074081, *1 (Cal. Sup. Ct. Aug. 1, 2016). Now, courts must allow a...more
Plaintiff Paul Brodeur, a well-known author, filed suit in California state court against the producers and distributors of the motion picture American Hustle, asserting claims for defamation, slander, and false light. The...more
On January 19, 2016, a California Court of Appeal issued an unpublished decision in Hunter v. CBS Broadcasting, Inc. The case was brought by Kyle Hunter, who filed an employment discrimination complaint, claiming that two...more
The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.). “If a legal action is based on, relates to, or is in response to a party’s...more
Government Employees and Officials Should Heed Limits of the Statute’s Protections - The anti-SLAPP process can be successfully deployed by government entities, officials and employees in fending off lawsuits brought...more
In Baral v. Schnitt (filed 2/5/2015, No. B253620), the California Court of Appeal, Second Appellate District, held that California’s anti-SLAPP statute does not authorize the striking of allegations of protected activity in a...more
In Cho v. Chang, the California Court of Appeal, Second Appellate District held that an employee’s statements to coworkers about alleged discrimination were not protected activities triggering special protection under...more