Waiting on Wilson

Rall v. Tribune 365 LLC, No. B284566 (D2d8 Jan. 17, 2019)

In 2015, a Cartoonist and blogger for the Los Angeles Times wrote a blog post complaining about the way an LAPD officer treated him during a jaywalking stop back in 2001. That must peeved the LAPD pretty bad. Because the cops dug up evidence that the stop—fourteen years in the past—didn’t go down the way Cartoonist claimed and gave it to the Times. The Times did its own investigation. It decided that Cartoonist wasn’t playing it straight. The Times ultimately published a statement and a report of its investigation. It cut ties with Cartoonist and stopped publishing his work. 

Our Yemen of Libel Tourism ...

Argentieri v. Zuckerberg, No. A147932 (D1d5 Feb. 15, 2017)

If you want to sue someone for defamation and you have a choice of forum between California and pretty much anywhere else, California is almost always a bad move, even taking the weather into account. Often the worst. Some of us like it that way.

A Fair Report of Your Own Complaint Is Still a Fair Report

Healthsmart Pac., Inc. v. Kabateck, No. B264300 (D2d1 as modified Jan. 10, 2017)

This is an appeal of a granted anti-SLAPP motion arising from allegations that some plaintiff lawyers defamed a hospital when they gave statements about the litigation in the press. Unsurprisingly, the order is affirmed.

A Fair Report Can Include Some Self-Promotion and Puffery

J-M Mfg. Com. v. Phillips & Hohen LLP, No. B256927 (D2d7 May 2, 2016)

After they prevailed in the liability phase of a bifurcated trial, Plaintiffs’ attorneys in a qui tam case issued a press release trumpeting their victory. The losing Defendant, a pipe company, sued Attorneys for defamation and trade libel. It alleged that Attorneys mis-described the issues decided by the jury. According to PipeCo, while the jury might have found that all the pipe it sold to the government might not have met certain certified quality standards, the jury did not find any of the pipe to be actually defective, contrary to what the press release said.

Legal Misadventures in Social Media

GetFugu, Inc. v. Patton Boggs LLP, No. B231794 (D2d3, upon rehearing Oct. 3, 2013)

The court of appeal partially reverses a trial court's granting of a SLAPP motion because the plaintiff established a prima facie case that it could prevail on its claim of defamation against a lawyer and his firm.