52 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,142 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,118 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
New York Times Co. v. Sullivan
376 U.S. 254 (1964) Cited 6,909 times 36 Legal Analyses
Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice
Masson v. New Yorker Magazine, Inc.
501 U.S. 496 (1991) Cited 1,408 times 3 Legal Analyses
Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,198 times 3 Legal Analyses
Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
Philadelphia Newspapers, Inc. v. Hepps
475 U.S. 767 (1986) Cited 689 times 1 Legal Analyses
Holding that where plaintiff is a private figure and newspaper articles are a matter of public concern, there is a "constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages"
Soukup v. Law Offices of Herbert Hafif
39 Cal.4th 260 (Cal. 2006) Cited 1,150 times 3 Legal Analyses
Holding that the question is whether "the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited" (citation and punctuation omitted)
Horsley v. Feldt
304 F.3d 1125 (11th Cir. 2002) Cited 1,241 times
Holding that the doctrine of "incorporation by reference" applies to motions under Rule 12(c) just as it applies to motions under Rule 12(b) because, if it were otherwise, "the conversion clause of [Rule 12(d) ] would be too easily circumvented and disputed documents attached to an answer would have to be taken as true at the pleadings stage"
Jarrow Formulas, Inc. v. LaMarche
31 Cal.4th 728 (Cal. 2003) Cited 998 times
Holding that malicious prosecution claim arising from attorney's representation of client was subject to anti-SLAPP statute
Taus v. Loftus
40 Cal.4th 683 (Cal. 2007) Cited 770 times 2 Legal Analyses
Holding that a published article and the investigation conducted in connection with the article, including an interview, constituted protected activity
Section 425.16 - California anti-SLAPP law
Cal. Code Civ. Proc. § 425.16 Cited 2,829 times 110 Legal Analyses
Reversing district court's denial of anti-SLAPP motion as moot and remanding for consideration of the motion, including attorney's fees
Section 51-5-1 - Libel defined; publication prerequisite to recovery
Ga. Code § 51-5-1 Cited 163 times 1 Legal Analyses
Defining libel as "a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule"
Section 9-11-11.1 - Exercise of rights of freedom of speech and to petition government for redress of grievances; legislative findings; verification of claims; definitions; procedure on motions; exception; fees and expenses
Ga. Code § 9-11-11.1 Cited 112 times 3 Legal Analyses
Granting "recovery of attorney's fees and expenses of litigation related to the action" to a prevailing party

Resolute Forest Products, Inc. et al v. Greenpeace International et al

52 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

Holding that where plaintiff is a private figure and newspaper articles are a matter of public concern, there is a "constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages"

Holding that the question is whether "the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited" (citation and punctuation omitted)

Holding that malicious prosecution claim arising from attorney's representation of client was subject to anti-SLAPP statute

Holding that a published article and the investigation conducted in connection with the article, including an interview, constituted protected activity

Reversing district court's denial of anti-SLAPP motion as moot and remanding for consideration of the motion, including attorney's fees

Defining libel as "a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule"

Granting "recovery of attorney's fees and expenses of litigation related to the action" to a prevailing party