Anti-SLAPP Law

California’s anti-SLAPP statute is a powerful tool. It allows the trial court to dismiss a plaintiff’s claims very early, if the claims arise from an act in furtherance of the rights of petition or free speech in connection with a public issue, unless the plaintiff can show a probability of success.. There’s been an explosion of anti-SLAPP rulings in recent years, and many of those rulings make their way to the appellate courts. GMSR has successfully handled anti-SLAPP appeals addressing an array of issues.

Oct 26, 2017 Alana H. Rotter
Anti-SLAPP motions in probate? Alana Rotter explains a new decision applying the anti-SLAPP statute to petitions to enforce a no-contest clause.

Litigators are used to seeing anti-SLAPP motions in civil cases.  But a new California Court of Appeal decision highlights that anti-SLAPP motions are also an option in the probate context, to challenge a petition to enforce a will or trust’s no-contest clause.  Alana Rotter discusses

GMSR Wins Affirmance Of Anti-SLAPP Ruling

Melamed v. Cedars-Sinai Medical Center (Feb. 27, 2017, B263095) __ Cal.App.5th __. A physician sued a hospital and some doctors, alleging that the summary suspension of his medical staff privileges was motivated by retaliatory animus.  The Court of Appeal affirmed the dismissal of the suit under the anti-SLAPP statute. 

Melamed v. Cedars-Sinai Medical Center (Feb. 27, 2017, B263095) __ Cal.App.5th __

A physician sued a hospital and some doctors, alleging that the summary suspension of his medical staff privileges was motivated by retaliatory animus.  The Court of Appeal affirmed the dismissal of the suit under the anti-SLAPP statute.  On the first prong, it held that the claims arose out of

Appealing Anti-Slapp Rulings in the Ninth Circuit

In the California state courts, every order granting or denying an anti-SLAPP motion is immediately appealable. But anti-SLAPP appealability is more of a minefield in the Ninth Circuit. There, an anti-SLAPP ruling is appealable only if it satisfies the requirements of the “collateral order doctrine”

Court of Appeal affirms application of anti-SLAPP statute to summary suspension of medical staff privileges

Adams v. Cedars-Sinai Medical Center (2014) 2014 Cal.App. Unpub. LEXIS 5942 (California Court of Appeal, Second Appellate District, Division Three) [unpublished]. Two years after Cedars-Sinai summarily suspended a physician’s medical staff privileges, he sued Cedars-Sinai for denial of his right to practice medicine. The trial

Adams v. Cedars-Sinai Medical Center, 2014 Cal.App. Unpub. LEXIS 5942

Court of Appeal affirms application of anti-SLAPP statute to summary suspension of medical staff privileges

Nama Holdings v. Dorsey & Whitney LLP, 2013 Cal.App. Unpub. LEXIS 5592

A real estate LLC retained GMSR’s law firm client to represent its managers in a suit brought by one of the LLC’s investors. Arbitrators ultimately held that the managers had not acted in good faith which, among other things, arguably negated the LLC’s obligation to

GMSR defends law firm client’s anti-SLAPP dismissal of fraudulent conveyance claim for accepting payment for its services

NAMA v. Dorsey & Whitney (2013) 2013 Cal.App. Unpub. LEXIS 5592 (California Court of Appeal, Second Appellate District, Division Four) [unpublished]. A real estate LLC retained GMSR’s law firm client to represent its managers in a suit brought by one of the LLC’s investors. Arbitrators

May 09, 2013 Alana H. Rotter
9th Circuit Judges Call for an End to Anti-SLAPP in Federal Court, Los Angeles Daily Journal (May 9, 2013)

In a Daily Journal article, Alana Rotter discusses anti-SLAPP practice in the Ninth Circuit and why it may come to an end.

Aguilar v. Goldstein (2012) 207 Cal.App.4th 1152

Breach of fiduciary duty claim not barred by anti-SLAPP statute, because it did not “arise from” earlier lawsuit filed by defendants

Who We Serve

PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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