California Supreme Court refused to review ruling that lawsuit against Republican party was SLAPP

The California Supreme Court let stand a ruling by a state appeals court that found  a former Republican volunteer’s suit against the Republican party was a strategic lawsuit against public participation. The ruling in appeals court said that the ex-volunteer had not made that case that he was defamed and presented no challenges to the [...]

Federal judge rules for ‘The Hurt Locker’ in suit over use of soldier’s identity

A federal judge in California ruled that writers and producers of  “The Hurt Locker,” a film about bomb-disposal in Iraq, were protected by the First Amendment in presenting important information about a public issue. A soldier sued the film-makers for benefiting from his identity without permission. “The court found, however, that on-screen depictions of the [...]

Oregon Twitter defamation case may be difficult to prove

In an unprecedented case in Oregon, a doctor is suing a blogger for stating incorrectly on Twitter that the doctor lost his medical license and his right to practice. In fact, the doctor was reprimanded for allegedly touching a female patient inappropriately and required to have a chaperone present when treating female patients. -db From [...]

California court rules discrimination suit may be SLAPP

The California Fourth District Court of Appeal sent a case back to trial court directing the judge to grant the anti-SLAPP motion against a lawyer suing for sex discrimination on the grounds that her firm was referring cases to less qualified male lawyers. -db From the Metropolitan News-Enterprise, September 19, 2011, by Kenneth Ofgang. Full [...]

California union subject to defamation suit as state court denies SLAPP claim

A California labor union is facing a defamation suit after a state appellate court ruled that a company executive was justified in filing suit against the union for distributing unflattering leaflets to the executive’s neighbors. The court ruled that the leafletting concerned a private matter, did not rise to the level of public interest and [...]

California appeals court rules lawsuit about contract to film rapper’s story not SLAPP

A state appeals court said a lawsuit could proceed over whether the rap artist Lil’ Wayne had breached his contract with a production company since the lawsuit was not a SLAPP (Strategic Lawsuit Against Public Participation). The court reasoned that because the conduct that supposedly breached production agreement with the production company  was not in [...]

California appeals court rules suit against ex-firefighter not a SLAPP

The California Div. Two Court of Appeal ruled the the City of Alhambra could proceed with its suit against an ex-firefighter since the suit was not a SLAPP and was instead centered on contractual obligations and not intended to thwart public participation. Alhambra had claimed that the firefighter and ex-union president violated his contract by [...]

California appeals court dismisses defamation suit over CSI script

A husband and wife real estate team sued CSI for using their names for characters in the television show. The plot depicted a mortgage broker and a hard drinker suspected of murdering his wife during kinky sex in which she was handcuffed to the bed. Before the producers could change the actual names of the [...]

Hallmark settles with Paris Hilton over uncompensated use of her image

Paris Hilton settled a lawsuit with Hallmark over Hallmark’s use of her image and a trademarked catchphrase, “That’s hot,” in a greeting card. First Amendment advocates said the settlement had dire implications for free expression. -db The Kansas City Star September 27, 2010 By Diane Stafford She may be famous for being famous, but she [...]

California court dismisses libel suit against newspaper as SLAPP

A California appeals court upheld a decision to dismiss a libel suit against the San Francisco Chronicle, finding that a column by Chip Johnson was a “fair and true report of a public proceeding” and protected under California law. -db Metropolitan News-Enterprise September 21, 2010 By Kenneth Ofgang A libel suit by an Oakland City [...]

California appeals court rules suit blocks legitimate free speech activity

A California state appeals court dismissed a suit against a filmmaker on the grounds that the suit was a SLAPP or strategic lawsuit against public participation. The court said the documentary film in question was a matter of public interest and an “activity in furtherance of the right to free speech.” -db Metropolitan News-Enterprise August [...]

California state court rules suit over organic label not SLAPP

The First District Court of Appeals rules that a suit brought by a trade organization over certification of beauty products as “organic” did not deprive a company of its right to free speech. -db Metropolitan News-Enterprise April 15, 2010 By Sherri M. Okamoto An action seeking to enjoin a trade organization from certifying beauty and [...]

First Amendment: Employment screener may pass on info from database of sex offenders

A California appeals court ruled that, under the First Amendment, an employment-screening service could access the state’s database of registered sex offenders and pass that information on to its clients. The law establishing the website prohibits the use of the posted information for purposes related to employment. -db Metropolitan News-Enterprise March 25, 2010 By Sherri [...]

California court throws out attorney’s case as SLAPP

The First District Court of Appeal has dismissed a San Francisco attorney’s suit saying the claims against an opposing lawyer of fraud and intentional infliction of emotional distress was in conflict with the lawyer’s protected free speech rights. -db Metropolitan News-Enterprise February 16, 2010 By a MetNews Staff Writer The First District Court of Appeal [...]

Butler University attempts to discipline blogger for criticizing administration

Facing a libel suit brought by Butler University, a student revealed his identity, but the university still wants to discipline him for criticizing the university administration’s firing of the Music department chair who is also the student’s stepmother. -DB Tufts Daily Commentary December 9, 2009 By Carter Rogers Criticizing the actions of their college or [...]

Neighbors victorious in upholding state environmental and mining laws in Butte County

A citizen group is celebrating a recent court victory over Butte County and a mining company. They fought off a SLAPP suit and overturned a use permit granted to the New Era Mine for a gold mining operation in their neighborhood. The permit defied state environment and mining laws. -DB Chico News & Review Commentary [...]

Hallmark wants rehearing in First Amendment case against Paris Hilton

After losing a federal court appeal ruling on August 31, Hallmark Cards is asking for a rehearing with the full court concerning a dispute with Paris Hilton over a birthday card bearing an image of Hilton’s head. -DB The National Law Journal September 23, 2009 By Amanda Bronstad Hallmark Cards Inc. has asked the full [...]

City fails to invoke SLAPP to shut down investigation of acts of public officials

The Sixth District Court of Appeal ruled when a lawyer hired a private investigator to look into allegations that a Morgan Hill city attorney was having an affair with the city manager, that that inquiry was protected activity. -DB Metropolitan News-Enterprise September 22, 2009 By Sherri M. Okamoto A lawyer who hired a private investigator [...]

Judge rules challenge to records release a SLAPP

While acknowledging that a plaintiff had no right to keep pension records private, a Superior Court judge ruled that the plaintiff’s concern about her privacy was legitimate and dismissed a motion for attorney fees brought by media concerns. -DB Metropolitan News-Enterprise September 8, 2009 By Steven M. Ellis An action by a group of newspapers against [...]