Who can’t recover for defamation even though they may have been libeled?
The libel-proof plaintiff.
The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation for bad or dishonest behavior may not recover. Often defendants will raise this doctrine when…
Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?
Certainly, parties defending a case will want to know, “Who are we really litigating against, and what are their true motives?” “Who is the real party in interest here?” And even if a…
On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code.
In New England Country Foods, LLC v. VanLaw Food Products, Inc., No. S282968, 2025 Cal. LEXIS 2299 (Cal. Apr. 24, 2025), a…
On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection.
This is true even if the events were discovered through original research. In Ackerman v. Pink, 2025 U.S. Dist. LEXIS 40028 (S.D.N.Y. Mar. 6, 2025), the court explained that although…
When meme coins—crypto tokens that usually do not purport to have any utility but are often just a single digital image of a dog, frog, or celebrity—began to be popularized, many skeptics thought that they were a joke, primarily because there was no discernible value and because of the onslaught of seemingly bad actors who…
On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing parties.” See Lackey v. Stinnie, 604 U.S. ___ (2025). Chief Justice Roberts, writing for the Court, explained that obtaining a…
On February 11, 2025, Judge Stephanos Bibas issued an opinion in Thomson Reuters Enterprise Centre GMBH v. Ross Intelligence Inc., civ. no. 1:20-cv-613, a dispute regarding copyright infringement allegations stemming from the use of copyrighted data from the Westlaw legal database used in the training of an AI search tool. Judge Bibas, sitting by designation in…
Introduction
As recent high-profile litigation, government investigations, and large-scale data-security incidents have shown, organizations are often thrust into crisis mode, requiring rapid responses and close collaboration with third parties, such as public relations consultants, crisis management teams, and forensic accountants and investigators, in order to address the crisis holistically. While these third-party partners are vital…
On June 18, 2024, California Attorney General (AG) Rob Bonta announced a third CCPA enforcement settlement, this one with Tilting Point Media LLC. Tilting Point was allegedly using its mobile app game “SpongeBob: Krusty Cook-Off” to collect, share, and sell the data of minors, in violation of the California Consumer Privacy Act (CCPA), California’s Unfair…
A recent en banc Federal Circuit decision overruled the unique test for obviousness of design patents and advised that the same analysis should apply to both utility patents and design patents. LKQ Corporation v. GM Global Technology Operations (LKQ). Courts had previously used the Rosen-Durling test in determining invalidity due to obviousness of design patents.…
