California’s Court of Appeal Clarifies Application of anti-SLAPP Statutes to Attorney Malpractice Actions California’s “anti-SLAPP” statute (codified in Code of Civil Procedure section 425.16) protects the Constitutional rights to freedom of speech and right of petition by subjecting any cause of action that chills these rights to be subject to a special motion to strike. In the context of a complaint against an attorney for malpractice, the California Court of Appeal recently clarified its application under existing precedent and held the anti-SLAPP statute did not apply to claims against attorneys by former clients. In Loanvest I, LLC v. Utrecht et al (2015) 235 Cal.App.4th 496, the plaintiff brought an action against its attorneys for malpractice for failing to put its interests before a former client, resulting in damage. At the trial level, the court granted the defendant law firm’s special motion to strike under the anti-SLAPP statute, finding that the malpractice claim was based upon an act in furtherance of the protected right of petition. The plaintiff thereafter appealed. In making its decision, the trial court relied heavily upon Peregrine Funding, Inc. v. Sheppard Muillin Richter & Hampton (2005) 133 Cal.App.4th 658 where the Court of Appeal previously held that claims based upon allegations made by attorneys in judicial filings were within the scope of the anti-SLAPP statute and protected. For a claim to fall within the anti-SLAPP statute and result in
The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
Glenn Joseph Raynor v. State of Maryland. Case number 12-K-08-001527. Argued: April 8, 2014. Decided: August 27, 2014
Dr. Joseph Lifschutz was a practicing psychiatrist in California and sought a “writ of habeas corpus” to be released from custody in the county of San Mateo California. Dr. Lifschutz was found in contempt of court and was arrested for refusing to obey an order of the San Mateo court ordering his release of records relating to him and one of his patients. Dr. Lifscutz did not follow the order because he believed the order from the court was unconstitutional, violating his constitutional right to privacy. Joseph Housek had been a patient of Dr. Lifscutz for around six months. As a result of being assaulted, he sued his assailant. In an attempt to discredit the case, the defense wanted information to try to prove the plaintiff was not competent.
"Honda of America Mfg., Inc. v. Norman Case Brief - Quimbee." Honda of America Mfg., Inc. v. Norman Case Brief - Quimbee. Web. 19 Oct. 2015.
Plaintiff, Deborah Burke, submits this memorandum in opposition to Defendant Strickland Watson Pierce, P.C.’s Motion to Dismiss. Plaintiff’s retaliation claim should not be dismissed because she exhausted all the administrative remedies by filing a charge of discrimination with the EEOC and being terminated during the investigation. Jones v. Calvert Group, Ltd., 551 F.3d 297 (4th Cir. 2009); Clockedile v. New Hampshire Dept. of Corr., 245 F.3d 1 (1st Cir. 2001); Franceschi v. U.S. Dept. of Veterans Affairs, 514 F.3d 81 (1st Cir. 2008). Further, the conduct she suffered in the workplace was sufficiently severe to qualify as a sexually hostile environment. The Court should deny the motion.
Mr. Umbridge wants to sue against his former boss, Ernie McMillan. As an employee, he had been working at the Alexandria Department of Corrections for twelve years. All he wants is to have his job back and if it not possible, then the client will sue for severance. The client believed he was asked to leave because of his engagement with the activists, as an act of “unlawful termination.” The department of corrections stated that his involvements in the activities reflected negatively on them. Mr. Umbridge justifies the first amendment, which defends his involvements as activist.
“Successful Anti-SLAPP parties get back fees and costs in dismissing action against them, they then can go after the party with a new claim filing a SLAPP -suit with statutory right to also get back costly damages under NRS.41.670.” (Randazzo, M.J. (2013).
Taking as true all the allegations of the Amended Claims, dismissal is appropriate for three independent reasons: (A) Dr. Stout cannot show that his purported reliance on the purported representations was reasonable or justified; (B) Dr. Stout has not alleged the existence of sufficiently specific representations necessary to sustain his claim; and (C) Dr. Stout’s claim is barred by the economic loss rule. These three defenses are discussed in order in
Rehnquist also dissented in Roe v. Wade (1973), in which the majority based a woman's right to an abortion on a constitutional right of privacy that arose not from the terms but from the "penumbras" of the Bill of Rights. He wrote, "To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment."
Mark J. Mcburney (Respondent) V. Nathaniel L Young, 569 US, 12–17. (2013) Argued February 20, 2013—Decided April 29, 2013 in United States Court of Appeals for the Fourth Circuit
I think the Court of Appeals comes up with decisions that seems right. The Supreme Court can review some cases, as necessary. I do not think the Court of Appeals has the intention of leaving it up to the Supreme Court since most cases are resolved in the lower courts.
I. Can our client satisfy the first requirement for a malicious prosecution suit that requires that the termination of the earlier suit be in the plaintiff’s favor when in our client’s case their termination was due to a voluntary dismissal by the initial plaintiff who changed her mind about her claim?
The court decided in a 5-4 majority that obscene publications, especially "hardcore pornography," were not protected by the First Amendment. They also decided, however, that the criteria set in Memoirs v. Massachusetts were "too rigorous," and changed the standard by which materials are decided as obscene or not. The court then created the "three-pronged test" or "Miller test" to determine whether materials were obscene. The decision changed the standard for judging material as obscene to:
evidence with regard to the issue. The Supreme Court believed the respondent was denied due