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Defamation

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Hassell v. Bird

by Jan T. Chilton |

The federal Communications Decency Act barred the trial court from directing Yelp! to remove libelous content from a review posted by a third party. Read More

Herterich v. Peltner

by Kerry W. Franich |

The absolute litigation privilege protects statements in a probate proceeding by an executor or administrator, and if the privilege’s application depends on undisputed facts, it may be raised for the first time on appeal. Read More

ZL Technologies, Inc. v. Does 1-7

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Before a court may order a website to produce identifying information about an anonymous poster of information on the website, the plaintiff must establish a prima facie case, including, in a defamation case, proof of falsity of the posting’s allegedly defamatory statements.   Read More

Filmon.com v. DoubleVerify, Inc.

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Plaintiff could not sue defendant for defamation after defendant rated plaintiff’s website as carrying adult content and copyright-infringing material, since these ratings addressed matters of public interest and were therefore protected by the Anti-SLAPP statute.   Read More

Charney v. Standard General, L.P.

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Employer’s Anti-SLAPP motion was properly granted in response to terminated CEO’s defamation claim, since the allegedly defamatory press release stated only that a third party investigation of allegations against the CEO had been undertaken and that he was terminated as a result of that investigation.  Read More

Kimzey v. Yelp!, Inc.

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The Communications Decency Act (47 USC 230) shielded Yelp! from liability for an allegedly defamatory review of plaintiff’s business as plaintiff alleged no facts to support his speculation that Yelp! rather than a customer wrote the review.  Read More

Doe 2 v. Superior Court

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To discover the identity of a person who posted an anonymous Internet comment, plaintiff must present prima facie evidence of all elements of a defamation claim; here, plaintiff fell short as the comment was non-actionable opinion, not defamatory fact.  Read More

Manzari v. Associated Newspapers, Ltd.

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Popular soft-porn star adduced prima facie proof that in publishing her picture with an article about HIV in the L.A. porn industry the defendant  news website edited her picture and its caption, making it more likely that the article would imply plaintiff had HIV, thus overcoming defendant’s Anti-SLAPP motion in her defamation suit.  Read More

Santos v. Kisco Senior Living, LLC

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A mandated reporter of elder abuse is immune from liability for having filed an affidavit in support of a citizen’s arrest of a worker suspected of having stolen property from nursing home residents.  Read More

Hassell v. Bird

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Since a court has the power to enter orders against non-parties to keep them from nullifying the effect of an injunction against a defendant, Yelp! could not successfully challenge a default judgment finding defendant’s negative reviews of plaintiff were defamatory and ordering Yelp!, a third party, to remove these reviews.  Read More