Tuesday, August 23, 2016

Commercial Speech Exception Applies Even When the Product Is Judging

JAMS, Inc. v. Superior Court, No. D069862 (D4d1 Jul. 27, 2016)

An unhappy arbitrant sued JAMS for misstating the bios of one of its neutrals. The trial court denied JAMS’s anti-SLAPP motion based on the commercial speech exception. The court of appeal affirms. JAMS’s claims about its practices and neutrals fall firmly within Code of Civil Procedure §425.17(c). They are factual statements made by the seller of a product intended to induce members of the consuming public to by the product. That’s all that’s required.


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