Anti-SLAPP

Can You Sue a Law Firm for Doing Its Job Talkov Law

Can You Sue an Attorney for Doing their Job? [Anti-SLAPP Protection for Litigation-Related Activities]

Can an Attorney Be Sued for Representing a Client in Litigation? It may sound ridiculous, but attorneys (or their law firms) are sometimes tacked on as defendants in a complaint. Is this legal? Can another attorney do this? Talkov Law’s attorneys explain how anti-SLAPP law prevents this and the devastating legal repercussions of including a … Read More

Anti-SLAPP Can Be Used to Strike “Mixed Conduct” Claims [Baral v. Schnitt (2016) 1 Cal. 5th 376]

California’s Anti-SLAPP History Like 28 other US states, California has enacted an anti-SLAPP statute in its Code of Civil Procedure. The statute states that “[a] cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or … Read More

Anti-SLAPP Victory for Talkov Law

Cori Schumacher Loses Restraining Order, Anti-SLAPP Motion Granted, Court Rules in Victory for Talkov Law

Cori Schumacher, Carlsbad Councilmember, Loses Anti-SLAPP Motion; Court Sides With Talkov Law’s First Amendment Briefing As covered by Volokh Conspiracy and the San Diego Union Tribune, a California court sided with the First Amendment in granting an Anti-SLAPP motion to strike a restraining order petition filed by Carlsbad City Councilwoman Cori Schumacher against three outspoken … Read More

Actual Malice Defamation Public Figure California Law

Actual Malice Standard for Defamation of Public Figures in California

Public Figures Bear a Heavy Burden to Show Actual Malice for Defamation in California Many public figures have trouble understanding that they enjoy very limited protection from defamation. Instead, they are required to meet a heavy burden to establish actual malice, which can rarely be proven. “To show actual malice, plaintiffs must demonstrate [that the … Read More

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