Strategic Lawsuits Against Public Participation – better know as SLAPP lawsuits – have proliferated in California and around the country over the past two decades. SLAPP lawsuits are often intended to intimidate and silence potential litigants by burdening them with the cost of legal defense until they must abandon the lawsuit and these lawsuits have become so popular there is even a new litigation response, the “SLAPPback.” California has developed a considerable body of case law, as it was the first state to enact such litigation and many state SLAPP statutes and decisions are modeled after California. To avoid potential malpractice liability it is important to know the fundamentals of a SLAPP lawsuit and how to either file one as a plaintiff, or be able to respond to a SLAPP lawsuit on behalf of your client.
This CLE course provides an introduction to SLAPP law for new practitioners and also includes more in-depth coverage on advanced SLAPP topics, both in California and on a national level. Since California has the most developed body of SLAPP law, many of the statutes and case law discussed in this course arise from California litigation. The main issues discussed include common causes of action subject to anti-SLAPP scrutiny, an overview of the three California SLAPP statutes, the attorney’s legal & ethical duties in a SLAPP case, protected free speech activity, determining whether the cause of action arises from protected speech, the “probability of prevailing” standard, appeal issues on SLAPP motions, making & opposing SLAPP motions, exemptions from SLAPP and SLAPPback malicious prosecution suits. Further topics discussed include exemptions from SLAPP, SLAPPback suits, anti-SLAPP statutes around the country, the plaintiff’s duty to screen cases before filing a complaint or cross complaint, malpractice implications, the defense’s duty to spot SLAPP issues early on, SLAPP motions in Federal Court, communications before or connected to judicial/official proceedings, speech connected to an issue of public interest, cyber SLAPPs, public speech issues online, identifying the “gravamen” of the SLAPP suit, mixed causes of action, no leave to amend in state court, making and opposing discovery motions in state court, losing plaintiff?s SLAPP malpractice risk factors, illegality as a matter of law doctrine, lawsuits brought solely in public interest, the commercial speech exemption, exemptions to public interest & commercial speech.
James J. Moneer, Esq. is a San Diego attorney who has specialized in handling all aspects of anti-SLAPP cases for both plaintiffs and defendants throughout California since 1994. He has extensive experience with malicious prosecution, defamation, abuse of process, and intentional interference with business torts and other SLAPP cases. He frequently testifies as a SLAPP fee expert for plaintiffs and defendants. He has been a panelist on The Rutter Group’s anti-SLAPP seminars since 2003 and on Pincus Professional education’s SLAPP seminar since 2009. Since 2001 he has taught anti-SLAPP law at the University of San Diego School of Law. Mr. Moneer has been recognized as an expert on California anti-SLAPP law by the Court of Appeal in Ramona Unified School Dist. v. Tsiknas (2005) 135 Cal.App.4th 510, 523-525. He was lead counsel in six published appellate cases, including one before the California Supreme Court. Soukup v. Hafif (2006) 39 Cal.4th 260. His SLAPP and appeal practice typically involves malicious prosecution, abuse of process, defamation, cyber and media law cases, as well as business torts. He also handles civil appeals and writs.