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Firm Profile

Anti-SLAPP

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Brodeur v. Atlas Entertainment, Inc.

Plaintiffs’ defamation action based on a scene in American Hustle should have been stricken under the Anti-SLAPP statute as the movie was protected activity, being about subjects of public interest—the Read More

Reed v. Gallagher

Plaintiff’s defamation action was properly stricken under the Anti-SLAPP statute as defendant’s political campaign ads calling plaintiff “unscrupulous” and a “crook” were non-actionable opinion and hyperbole and plaintiff had no proof of actual malice.  Read More

Hyan v. Hummer

An order granting an Anti-SLAPP motion as to two of three defendants is not appealable under federal procedural law which governs a diversity case pending in federal court—even though such an order would be appealable under California law Read More

Rand Resources, Inc. v. City of Carson

Breach or interference with the City of Carson’s contract with an agent for negotiations for an NFL team to come to the city is not protected speech under the Anti-SLAPP statute.  Read More

J-M Manufacturing Co., Inc. v. Phillips & Cohen, LLP

Fair report privilege bars defamation and trade libel claims based on a press release issued by plaintiffs’ attorneys accurately summarizing jury verdict and proceedings in a False Claims Act suit against the defamation plaintiff.  Read More

Abuemeira v. Stephens

Defendant’s anti-SLAPP motion was properly denied in a suit based on his public distribution of a video of fight between two neighbors, not involving any public figure or  issue of public interest. Read More

Baughn v. Department of Forestry & Fire Protection

A letter from a state-level fire department supervisor to a county-level fire supervisor asking that plaintiff not be assigned any duty that brought him on state fire department premises was not protected speech under the Anti-SLAPP statute, and in fact it breached a settlement agreement under which plaintiff had voluntarily resigned rather than face charges of sexual assault.  Read More

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