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

Posted by on Mar 24, 2014

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.  On appeal, UFW argued that the case arose from its protected petitioning activity and that D’Arrigo could not show a probability of prevailing in the action. First Prong: UFW’s Protected Petitioning Activity UFW has represented D’Arrigo’s agricultural employees in Salinas Valley since the...

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Bloggers entitled to same free speech protections as traditional journalists

Posted by on Jan 23, 2014

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 Amendment protections are afforded a blogger sued for defamation?” This important new decision involved a blog post by blogger Crystal Cox, in which she accused a financial firm and its bankruptcy trustee of tax fraud.  At the trial court level, the judge rejected Cox’s First Amendment arguments...

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Pre-election challenges to ballot initiatives arise from protected activity

Posted by on Aug 14, 2013

by Evan Mascagni and Mark Goldowitz The Court of Appeal, Fourth Appellate District, Division 2, issued a published opinion last week in Mission Springs Water District v. Verjil reversing its earlier rule denying the applicability of the anti-SLAPP law to pre-election challenges to ballot initiatives in California.  The Court held that pre-election challenges to an initiative implicate the personal constitutional rights of the initiative’s proponents, and thus arises from activity protected under CCP 425.16. This case began after Mission...

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California Anti-SLAPP Law Is Substantive and Applies in Federal Court, Second Circuit Holds

Posted by on Jun 12, 2013

The Second Circuit has now joined the First, Fifth, and Ninth Circuits in holding that state anti-SLAPP laws confer substantive laws under the Erie doctrine, and are therefore applicable in federal court. In Liberty Synergistics Inc. v. Microflo Ltd., Liberty Synergistics Inc. (Liberty) filed a malicious prosecution suit in California state court against Microflo Ltd. (Microflo) over an earlier round of litigation between the same parties in the Eastern District of New York.  Liberty alleged that Microflo, in pursing the previous litigation...

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The Right to Unionize Is Protected Under § 425.16, Federal Court Rules

Posted by on Apr 15, 2013

Last week, a federal district judge in the Central District of California held that actions aimed at unionizing employees was protected activity under California’s anti-SLAPP statute. In Magic Laundry Services, Inc. v. Workers United Service Employees International Union, 2013 U.S. Dist. LEXIS 53296, Judge Michael Fitzgerald issued an order granting defendants’ special motion to strike all four state law claims brought by Magic Laundry. In the case, Magic Laundry asserted claims for relief against defendants based on allegations...

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Remembering First Amendment Champion Anthony Lewis

Posted by on Apr 3, 2013

Putlizer Prize-winning journalist Anthony Lewis passed away last week at the age of 85.  Lewis famously published Make No Law in 1991 about the Supreme Court case New York Times v. Sullivan and how it revolutionized American libel law.  While most well known for establishing the actual malice standard in defamation suits about public officials/figures, the facts of New York Times v. Sullivan also show that it was what we would refer to today as a SLAPP. In 1960, The New York Times ran a full-page advertisement that was soliciting funds...

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Five Amici Briefs Filed to Challenge Gerbosi and Support the Broad Construction of Anti-SLAPP Law

Posted by on Mar 26, 2013

CASP has blogged and questioned whether Gerbosi v. Gaims, (2011) 193 Cal.App.4th 435, was the worst decision ever decided under the California anti-SLAPP law, as it held that the mere allegation that defendant’s conduct was criminal means that the anti-SLAPP law does not apply.  Yesterday, five amici briefs were filed in Malin v. Singer, a case at the California Court of Appeal, which among other things, could help repudiate Gerbosi.  The California Anti-SLAPP Project represents two of the appellants in this case – a woman who has...

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Decision Highlights Split in Application of Anti-SLAPP Law

Posted by on Feb 19, 2013

In Dwight R. v. Christy B., the Court of Appeal recently addressed the application of California’s anti-SLAPP law to allegedly illegal acts.  Some confusion on this issue arises from the California Supreme Court’s ruling in Flatley v. Mauro. Although the Flatley court held that the anti-SLAPP statute does not apply where “either the defendant concedes, or the evidence conclusively establishes” that the alleged protected activity is illegal as a matter of law, at least one court has held that mere allegations of criminality are...

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Did Donald Trump Just SLAPP Bill Maher?

Posted by on Feb 11, 2013

Last week, Donald Trump filed a breach of contract lawsuit against comedian Bill Maher in Los Angeles Superior Court. The lawsuit stems from a joke that Maher on an appearance on Jay Leno poking fun at Trump’s birther claims about President Obama. Maher said that he would donate $5 million to a charity if Trump could prove he wasn’t the “the spawn of his mother having sex with an orangutan.” Trump then sent Maher a copy of his birth certificate, and when Maher refused to pay the $5 million, Trump filed the breach of contract...

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Public Participation Project Needs Your Help

Posted by on Jan 30, 2013

The Public Participation Project (PPP) is the only organization in the United States whose main mission is to strengthen the First Amendment rights of all Americans through federal anti-SLAPP legislation.  PPP recently launched an Indiegogo campaign to raise funds to hire a full-time Legislative Director in Washington DC. Please check out the rewards, make a pledge, and help them reach their $50,000 goal! PPP started as a project of CASP and has since grown to an independent organization.  Mark Goldowitz, Founder and...

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Site last updated March 25, 2014 @ 11:52 am; This content last updated May 9, 2012 @ 11:50 am