Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Why CA's Anti-SLAPP Statute Should Apply to Peer Review

By David M. Axelrad and Jon B. Eisenberg

California law protects defendants from lawsuits designed to thwart “a person's right of petition or free speech under the United States or California Constitution in connection with a public issue.” The “anti-SLAPP” (Strategic Lawsuit Against Public Participation) statute provides this protection by permitting the defendant to move to strike the plaintiff's complaint at the outset of litigation unless the plaintiff can demonstrate a likelihood of success on the merits of the claim. (Cal. Code Civ. Proc., ' 425.16, subd. (e)).

The model SLAPP suit is one “'filed by a large land developer against environmental activists or a neighborhood association intended to chill the defendants' continued political or legal opposition to the developers' plans.'” Briggs v. Eden Council for Hope & Opportunity (1999) 19 Cal.4th 1106, 1125, citing Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 815, overruled on other grounds in Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53. Section 425.16, however, has been applied to dismiss complaints in a wide range of other contexts. See, eg, Briggs, supra, 19 Cal.4th 1106 (residential rental property owners' suit against nonprofit tenants' rights corporation); Colt v. Freedom Communications, Inc. (2003) 109 Cal.App.4th 1551 (public figures' suit against newspaper); Dove Audio Inc. v. Rosenfeld, Meyer & Susman (1996) 47 Cal.App.4th 777 (record publisher's suit against law firm); Averill v. Superior Court (1996) 42 Cal.App.4th 1170, 1175 (home buyer's suit against seller). Since enactment of the anti-SLAPP statute, the question has arisen: What are the effects of the anti-SLAPP statute on peer review boards and their members when a disgruntled physician seeks to recover for injuries he feels the board's activities have caused him?

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.