Archive for September 2014
SLAPP011 – Six Tips to Win Your Motion for Attorney Fees Following an Anti-SLAPP Motion
In Episode 11 of the California SLAPP Law Podcast, I provide you with six tips to win your attorney fee motions following a successful anti-SLAPP motion.
There are so many unscrupulous attorneys who inflate their fee applications, that some judges feel the need to reduce the fees requested on any motion for attorney fees. To make sure you don’t get lumped in with the other attorneys, here are the ways to show the judge that every dollar is justified.
In other news, I bring you up to speed on Demetriades v. Yelp, which was discussed in Episode 10. Demetriades is suing Yelp to enjoin it from falsely advertising that its reviews are trustworthy. Yelp brought an unsuccessful anti-SLAPP motion, and even though the Court of Appeal held that the anti-SLAPP motion should be denied, Yelp is not going quietly into the night. It is seeking review by the Supremes.
Finally, we discuss a very entertaining case at Morris & Stone. As discussed in Episode 9, a company filed a bogus lawsuit against our client in an attempt to prevent him from competing. We responded with an anti-SLAPP motion, which stayed all discovery. The plaintiff is not pleased, since it wanted to use discovery to harass our client. I predicted that it also would not go quietly into the night, and that it would seek relief from the discovery stay. You’ll hear the arguments plaintiff’s counsel (unsuccessfully) made as to why the discovery stay does not apply to them. I’ll show you how I defeated their ex parte application as well.
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Posted in Yelp Asks California High Court to Slap Down Restaurateur’s Suit Over Review Filter | Thomson Reuters Blog
Yelp’s statements to consumers about the accuracy of its review-filter software are protected speech, the website operator has told the California Supreme Court.
In an Aug. 28 petition for review, Yelp urges the high court to overturn a recent appeals court decision allowing restaurateur James Demetriades to proceed with his false-advertising suit against the site. The company says the state’s anti-SLAPP statute protects Yelp’s statements about the review filter.
Source: Thomson Reuters
I discussed this case at length in the 10th episode of the California SLAPP Law Podcast. The tables have been turned on Yelp. After suing one law firm for alleged fake reviews, this plaintiff is suing Yelp for fake reviews about itself. Yelp claims that its reviews are trustworthy, despite all evidence to the contrary.
Nonetheless, it pursued an anti-SLAPP motion against this claim for false advertising, and lost. It is now appealing that loss to the California Supreme Court.
Michael Mann Brief Lays Out Climate Change Defamation Theory – Climate Science Watch
In a brief filed today in the DC Court of Appeals as part of his defamation lawsuit against the National Review and the Competitive Enterprise Institute, Michael Mann once again argued his case and requested that the Court proceed to adjudicate the merits of Defendants’ appeal of the trial court’s denial of their motion to dismiss. The stated intention of Dr. Mann’s request is to expedite moving to trial on a case that has been long-delayed in procedural tangles.
Source: www.climatesciencewatch.org
This climate change defamation case has been an interesting one to follow. It was falsely assumed by many that the suit would not survive an anti-SLAPP motion because it is based on a dispute over global warming, and that is a hotly-debated issue. However, the anti-SLAPP motion failed because the defamation arises from the claim that the research was conducted fraudulently. That is an allegation that can be proven true or false, and therefore is not opinion.
See on Scoop.it – California SLAPP Law
The Weirdest Story About a Conservative Obsession, a Convicted Bomber, and Taylor Swift You Have Ever Read
Benghazi, Robin Williams, Islam, Twitter, and a convicted bomber from the 1970s came together in a court case against right-wing bloggers.
Source: www.thedailybeast.com
A very entertaining story about a guy who likes to sue, illustrating why a federal anti-SLAPP law might not be a bad idea.
See on Scoop.it – California SLAPP Law