Archive for April 2025
Context is Everything in Determining if a Statement is Defamatory
A recent holding in the Los Angeles Superior Court beautifully illustrates a point I have made here many times, and have explained to innumerable potential clients. But apparently, some attorneys still don’t embrace this reality.
Here are the facts, as set forth in the Court’s ruling, with additional information from news sources:
Michael Kassan is the former CEO and Chairman of MediaLink. According to its website, MediaLink is “the media & marketing industry’s most trusted and connected advisor, . . . specializing in defining the optimal path forward.”
MediaLink is a United Talent Agency (“UTA”) company, and apparently there was some acrimony between Kassan and UTA. Kassan sued UTA lawyer Bryan J. Freedman in Los Angeles Superior Court for slander and libel stemming from a statement the attorney made to Deadline (a news publication) in which he called Kassan a “pathological liar.” Freedman responded with an anti-SLAPP motion.
Freedman’s statement was found to satisfy the first prong of the anti-SLAPP analysis, both because it was “made in connection with an issue under consideration or review by a … judicial body,” and because it was a matter of public interest because the dispute between Kassan and UTA was extensively covered in the media.
Posted in SLAPP035 – Understanding the Public Interest Requirement
In Episode 35 of the California SLAPP Law Podcast, we take a deep dive into what constitutes a matter of public interest under the anti-SLAPP statute. It is apparent from the motions we are defeating that counsel is sorely lacking an understanding of this important point. As was held in the Supreme Court case of FilmOn v. DoubleVerify, it’s not enough to simply point to some amorphous matter of public interest. The challenged speech must be “closely related” to that public interest, AND it must somehow “advance the discussion” on the public interest.
We also discuss the craziest appeal Morris & Stone has ever faced. The defendant’s anti-SLAPP motion was denied, but only because of a procedural snafu. The patient Judge denied the motion without prejudice, and invited opposing counsel to refile the motion. No harm, no foul. So why did the attorney instead file an appeal? And is the denial of an anti-SLAPP motion even appealable when it was denied without prejudice?
Listen to Episode 35 for the answers.
Podcast: Play in new window | Embed
Subscribe: RSS