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California Anti-SLAPP Project

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Author: Evan Mascagni

Cat Links In the News

Filing “Fake Lawsuits” to Fight the “Fake News”

Posted on October 5, 2020February 18, 2021 Evan

How the Trump campaign is highlighting the need for stronger First Amendment protections across the country 

The Trump campaign’s lawsuit earlier this year against the New York Times for an opinion piece published by Max Frankel on March 27, 2019, … Read the rest

Cat Links In the News

Devin Nunes – California’s SLAPP-Filer-in-Chief

Posted on September 8, 2020January 11, 2022 Evan

Rarely does one individual so perfectly demonstrate the need for strong anti-SLAPP laws at both the state and federal level, but leave it to California’s own Devin Nunes to be the poster child for the need for strong protections against … Read the rest

Cat Links In the News

Vexatious litigant and attorney sanctioned for filing frivolous anti-SLAPP appeal

Posted on July 15, 2014August 4, 2022 Evan

California’s anti-SLAPP law recently assisted in giving some closure to a defendant who had been battling with a vexatious litigant in California courts for the past ten years.

The dispute began back in 2005 when Lipworth (the defendant in the … Read the rest

Cat Links In the News

Court of Appeal Holds That Anti-SLAPP Law Does Not Apply to Claims Arising from Attorneys’ Withdrawal of Settlement Funds

Posted on July 1, 2014March 19, 2021 Evan

On Friday, June 27, 2014, the Court of Appeal, Sixth Appellate District, held that the anti-SLAPP law does not apply to causes of action arising from attorneys’ withdrawal of settlement funds because that withdrawal was neither communicative nor related to … Read the rest

Cat Links In the News

Makaeff’s Anti-SLAPP Motion (Finally) Granted in Lawsuit Against Trump University – Anti-SLAPP Statute Still Applicable to State Claims in Federal Court

Posted on June 24, 2014January 11, 2022 Evan

In 2010, Tarla Makaeff (Makaeff) filed a deceptive business practices class action lawsuit in federal court against Trump University (Trump), alleging that Trump never delivered on its promises of the scope and benefits of the program that lured her into … Read the rest

Cat Links In the News

Court holds that pre-litigation demand email is extortionate as a matter of law

Posted on June 20, 2014January 11, 2022 Evan

Whether or not a pre-litigation demand letter is extortionate as a matter of law has been a hot topic in anti-SLAPP litigation over the past ten years.

In 2006, the Supreme Court held that the anti-SLAPP law does not apply … Read the rest

Cat Links In the News, Updates

Court Rules that City Council Vote to Approve a Contract is Not Protected Activity When the Council Members Have a Financial Interest in That Contract

Posted on June 19, 2014January 11, 2022 Evan

UPDATE: On August 13, 2014, the California Supreme Court unanimously voted to grant a petition for review in this case, to address the following issue: “Did votes by city officials to approve a contract constitute conduct protected under Code of … Read the rest

Cat Links In the News

S&P and Moody’s must face CalPERS’ $1 billion lawsuit – Court of Appeal affirms denial of rating agencies’ anti-SLAPP motion

Posted on June 11, 2014January 11, 2022 Evan

Late last month, the Court of Appeal, First Appellate District, Division Three, ruled in CalPERS v. Moody’s that Standard & Poor’s and Moody’s Investors Service Inc. (S&P and Moody’s) must face the California Public Employees’ Retirement System’s (CalPERS) $1 billion … Read the rest

Cat Links In the News

D’Arrigo Bros. of California v. United Farmworkers of America – Court of Appeal Tosses Agricultural Company’s Lawsuit

Posted on March 24, 2014February 18, 2021 Evan

Evan Mascagni and Mark Goldowitz

In D’Arrigo Bros. of California v. United Farmworkers of America, D’Arrigo sued UFW for breach of contract.  UFW moved to strike the complaint under the anti-SLAPP law, but the trial court denied the motion.  … Read the rest

Cat Links In the News

Bloggers entitled to same free speech protections as traditional journalists

Posted on January 23, 2014January 11, 2022 Evan

On Friday Ninth Circuit Court of Appeals Judge Andrew Hurwitz issued an opinion in Obsidian Finance Group, LLC. v. Cox.  His opening line was as follows:

“This case requires us to address a question of first impression: What First … Read the rest

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