Business Torts rss

The Commercial Speech Exemption to the anti-SLAPP Statute.

November 12, 2010

California Supreme Court affirmed that the burden of proof of showing the “commercial exemption” was on the plaintiff—the party trying to take advantage of the exemption. The Court also explained that the exemption was to be narrowly construed

Lanham Act Claims Extend to False Statements by Implication and Innuendo w/ Comments re: SCO v. IBM Case

July 9, 2010

“A false advertising cause of action under the [Lanham] Act is not limited to literal falsehoods; it extends to false representations made by implication or innuendo.”

No Duty of Care to Prevent Violence from a Third Party

May 4, 2010

In cases involving liability for third party criminal conduct, the requisite degree of foreseeability rarely, if ever, can be proven in the absence of prior similar incidents.

Rolling Stone Article~Camel Cigarette Ad: Protected Speech

February 4, 2010

If speech does more than propose a commercial transaction, it is entitled to full First Amendment protection.

$20 Million Damages Award to Mark Geragos Reduced in “Michael Jackson Video” Case

January 12, 2010

The California Court of Appeals significantly reduced a damages award in favor of Los Angeles attorney Mark Geragos and his partner related to representation of Michael Jackson in the singer’s 2003 sex abuse trial.