Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's “ant-SLAPP” statute. California Civil Code '425.16 is aimed at protecting parties against lawsuits filed to suppress involvement in free speech activities. In Makaeff v. Trump University LLC, 715 F.3d 254 (9th Cir. 2013), which allowed an anti-SLAPP motion to proceed, Judge Kozinski nevertheless wrote in a concurrence that the state statute “cuts an ugly gash through” the “integrated program of pre-trial, trial and post-trial procedures” set out in the Federal Rules of Civil Procedure.
The anti-SLAPP law may be used to strike state, but not federal, law claims. However, it is frequently used in California state and federal courts, both of which continue to interpret how the statute's provisions should be applied.
In Stutzman v. Armstrong, 2:13-CV-00116 (C.D. Calif. 2013), for example, the U.S. District Court for the Eastern District of California considered an anti-SLAPP motion filed by cycling athlete Lance Armstrong, his publishers, agent-manager and cycle team owner in a class action that claims Armstrong's books contained misleading information. The suit, which was filed after the public revelations about Armstrong's involvement in a performance-enhancing drug controversy, charges that instead of “truthful and honest works of nonfiction biography,” Armstrong's books ' including the best-selling It's Not About the Bike: My Journey Back to Life and Every Second Counts ' are really fictional works. The consumer complaint alleges negligent misrepresentation, fraud and deceit, and violations of California's consumer legal remedies, unfair competition and false advertising statutes.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.