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Morris & Stone, LLP
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Recent Wisdom
- Settlement Agreement Enforceable under 664.6, Even Though it Contemplated a Written Version
- How to Correct False Medical Records
- Think Twice Before You Call the Police
- How to Get Documents from Your HOA
- Bell v. Feibush — Six Years Later
- What you can do when your HOA’s Architectural Committee denies your request
- What you can do when you are behind on your HOA dues
- The Girl in the Red Bikini — A Facebook Tale
- Jury Gets it Right – AEG Live Not Responsible for Michael Jackson’s Death
- Defamation is Bad, but it Doesn’t Justify Chilling Free Speech
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Category Archives: Defamation
Think Twice Before You Call the Police
California recently turned defamation law on its ear, as regards calling the police. Since 1872, anyone calling the police was protected from a civil action for what they said to the police. Now, thanks to a virtue-signaling Legislature, if you … Continue reading
Defamation is Bad, but it Doesn’t Justify Chilling Free Speech
Our neighbors to the North are very American-like, until you get to issues of free speech. Most view Canada as the “least protective of free speech in the English-speaking world.” Reasonable minds can differ on some of Canada’s laws, such … Continue reading
Anti-SLAPP Victory: Reality Television is Free Speech
The reality show “Storage Wars” has created a case that offers some important anti-SLAPP (and litigation) lessons. In December, David Hester filed a lawsuit against A&E Television Networks alleging that producers of Storage Wars rigged the reality-television series by salting storage lockers with valuable … Continue reading
Chink in Armor of Communications Decency Act?
Former Cincinnati Bengals cheerleader Sarah Jones won her defamation lawsuit against the gossip website TheDirty.com on Thursday in federal court, winning an award of $338,000. Whether she will ever collect any money is a different issue, but some see the … Continue reading
Reporting a Fact is Never Defamatory
It is never defamation to report a fact, even if that fact is that a person was charged with a crime they did not commit. I understand why callers sometimes don’t understand this distinction. The completely innocent caller was falsely … Continue reading
It’s Not Defamation if No One Knows it’s You
As the old saying goes, if a tree falls in the forest and no one is there to hear it, does it make a sound?* In the context of defamation law, the saying could be, “if no one knows it’s … Continue reading
Do You REALLY Want to Fight that Case?
Too many attorneys and their clients defend against cases that have no defense. You took out a loan, your financial circumstances went south, and you were not able to repay the loan. Now you have been served with a complaint … Continue reading
Judge Orders Man to Apologize to Ex-Wife on Facebook
Clients sometimes ask me to seek a letter of apology as part of a defamation settlement. I have managed to do so on a number of occasions, but I usually recommend a letter of retraction as opposed to a letter … Continue reading
Australian Defamation Case Illustrates Life Without the CDA
I have frequently written here on the pros and cons of the Communications Decency Act (“CDA”). Without it, no website could permit comments, but by the same token it allows unscrupulous website operators to encourage defamatory postings, and then use … Continue reading
