“SLAPP” is an acronym for “strategic lawsuit against public participation.” (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57.) SLAPP suits are lawsuits that seek damages for making public statements and thus arguably designed to intimidate or silence parties. Like many states, California has an “anti-SLAPP statute” (Code of Civil Procedure §425.16) that allows a defendant to seek an early dismissal of a SLAPP suit. California’s anti-SLAPP statute states that “a cause of action against a person arising from any act of that person in furtherance of that person’s right of petition or free speech…shall be subject to a special motion to strike, unless the Court determines…there is a probability that the plaintiff would prevail on the claim.”
Continue ReadingSLAPP Happy: A String of Cases Addressing California’s Anti-SLAPP Statute
Ace American Insurance Company v. Fireman’s Fund Insurance Company, 2016 WL 4156686 (August 5, 2016): Primed for Review by the California Supreme Court
A few months ago, we highlighted a split of authority in California on whether an excess insurer can settle a case the primary insurer failed to settle within primary limits and pursue an equitable subrogation action against the primary insurer for the amount paid in excess of the primary limits. (November 18, 2015, When May An Excess Liability Insurer Sue A Primary Insurer For Failing To Settle A Claim.
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