Keith Mueller is pushing to change a state law to protect someone from being sued for calling the cops. The law’s current language protecting public participation is too vague and needs to include reporting apparent unlawful conduct to police, he argues. Mueller’s effort stems from his experience: He was sued by a man whose acts were the subject of a report to police. “The judiciary struggled to determine if calling police constituted public participation,” Mueller said, referring to the lawsuits against him....read more
New York Decision Denying Discovery of Doe Critics Casts Broad Doubts on Libel Suits over Consumer Reviews
by Paul Alan Levy The Appellate Division in New York has today affirmed the denial of a pre-litigation petition brought by Woodbridge Structured Funding seeking to compel Opinion Corp. to provide identifying information about the authors of two critical consumer reviews on its Pissed Consumer site. Represented by Ron Coleman, Opinion Corp....read more
Background Avvo is an online legal and health professional directory and Q&A forum. It posts attorney and doctor profiles using content gathered from publicly available information including state bar associations, state courts and lawyers’ and law firms’ websites. Attorneys from Wilson Elser’s Data Security & Cyber Liability practice represented Avvo in this matter. A Florida-based attorney sued Avvo for false advertising and misrepresentation, claiming that his profile was incorrect, specifically that his practice area was...read more
Tracy Coenen recently wrote about her experience dealing with a SLAPP and advocating for states across the country to enact anti-SLAPP legislation. http://www.sequenceinc.com/fraudfiles/2015/02/the-case-for-anti-slapp-legislation/ In addition to strong state anti-SLAPP laws, federal anti-SLAPP legislation is also needed to protect all Americans across the country.read more
D.C. anti-SLAPP statute growing up strong, but what about applicability in federal court and interlocutory appeal?
On October 20, 2014, the District of Columbia Circuit held oral argument on the biggest issue under the Court of Appeals’ three-year-old D.C. anti-SLAPP statute: does the special motion to dismiss under the anti-SLAPP statute apply in federal diversity actions?Abbas v. Foreign Policy Group, LLC, 975 F. Supp. 2d 1 (D.D.C. Sept. 27, 2013), oral argument held, No. 13-7171 (D.C. Cir. Oct. 20, 2014). The panel appeared receptive to holding that – at least in circumstances calling for a motion to dismiss for failure to state a claim under Fed....read more