An employee sued his employer for wrongful termination. The employer cross-complained for malicious prosecution, contending the employee had maliciously prosecuted a meritless claim for unemployment insurance benefits. The employee’s special motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16] was denied. The court of appeal reversed, stating: “Having determined that the malicious […]
Suit Based On Contents Of Television Script Is Subject To Anti-SLAPP Statute.
Defendant used the true names of his real estate agents in the early drafts of a television script. The agents sued for defamation and false light invasion of privacy. Defendant moved to strike the complaint under the anti-SLAPP statute but the trial court ruled the claims were not covered by the statute. The Court of Appeal […]
Anti-SLAPP Comments On Newspaper’s Website.
A newspaper has a User Agreement which provides: “The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ—judgment and opinion are subjective—and encourage free speech and the exchange of […]
Another Malicious Prosecution Followed By AntiSLAPP Motion.
There was an underlying action for fraud, and almost two years later, a malicious prosecution action was filed by a defendant who prevailed earlier. The later action was against the earlier plaintiffs as well as their lawyers. In the malicious prosecution action, one lawyer successfully demurred, citing the statute of limitations set forth in Code […]
To Every [ Defamation ] Action There Is Always Opposed An Equal Reaction–Isaac Newton.
At the time a lawyer was representing plaintiffs in an underlying action against defendants [the plaintiffs in the present action] for RICO violations [18 U.S.C. § 1961], the lawyer issued a press release captioned “FBI SAID TO BE INVESTIGATING GETFUGU’S CARL FREER,” the defendants his clients were suing. Later, the same lawyer issued the following Tweet: “GetFugu […]
Plaintiff Passes Anti-SLAPP Hurdle For Torts Of Public Disclosure Of Private Fact, IIED & False Promise.
For a documentary, plaintiff, a police informant, provided an inside glimpse into a notorious street gang. He claims he agreed to speak on camera on condition his face would be concealed, and that he wore a hat and bandana to cover his face. He says the producer told him he didn’t need the disguise since the […]
Anti-SLAPP Motion Properly Denied With Regard To Allegations Not Protected By Statute When Each Cause Of Action Contains Allegations Protected By Statute With Conduct That Is Not.
Plaintiff filed a sexual harassment action against defendant, a co-worker. The co-worker defendant filed a cross-complaint alleging defamation and intentional infliction of emotional distress. Plaintiff filed a special motion to strike pursuant to Code of Civil Procedure section 425.16, which the trial court granted in part and denied in part. In affirming, the appellate court stated: […]
Use Of Likeness Of College Athletes Not Protected By First Amendment.
Football players Samuel Keller, Edward O’Bannon, Jr., Byron Bishop, Michael Anderson, Danny Wimprine, Ishmael Thrower, Craig Newsome, Damien Rhodes and Samuel Jacobson brought a class action against a video game company asserting the company violated their right of publicity under Civil Code section 3344 and California common law. The video company moved to strike plaintiffs’ […]
“He’s A Sociopathic Narcissist”… Opinion Or Fact?
Building owners brought a libel action against a former tenant who posted a review of the apartment building on a Website: “Sadly, the Building is (newly) owned and occupied by a sociopathic narcissist—who celebrates making the lives of tenants hell. Of the 16 mostly-long-term tenants who lived in the Building when the new owners moved in, […]
Confidential Documents Belonging To Nonprofit Given To Mine Lawyers.
A nonprofit environmental group opposed a mine project through a ballot initiative, in order to preserve natural resources. In its venture, the nonprofit contracted with a fundraiser, and eventually the two had a financial dispute. The fundraiser gave confidential documents belonging to the nonprofit to the lawyers for the mine; the lawyers gave the fundraiser a […]