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The Legality of the “Tip Jar”
Back in June of 2009, I wrote about the Starbucks tipping case. Some rascally class action attorneys had won a huge payday, claiming that Starbucks was violating the sanctity of the community tip jar....
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Morris & Stone Gets Triple Damages and Attorney Fees for Theft
When is a breach of contract also fraud? When the party never intended to perform. When do you get triple damages and all of your attorney fees for fraud? When you hire Morris & Stone (although...
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Judges Must be Wary of Anti-SLAPP Appeal Trap
Rare North-American SLAPP Platypus A few months back I won on an anti-SLAPP motion that I brought long after the case was filed. The thing is, I was not representing the Defendant initially, but when I...
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How to Fight Back Against Online Defamation
Always striving not to reinvent the wheel, I keep my eyes open for articles that do a good job of explaining basic legal concepts. In that regard, I receive many calls from prospective clients who...
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Gloating Over $5,000 Settlement Costs Parents $234,011.87
Some callers to my office, wanting to sue for defamation because someone said terrible, false and hurtful things about them, are disappointed to learn that they cannot seek legal action because the...
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Australian Defamation Case Illustrates Life Without the CDA
"That J-Lo, she be crazy!" I have frequently written here on the pros and cons of the Communications Decency Act (“CDA”). Without it, no website could permit comments, but by the same token it allows...
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Some Judges Just Don’t “Get” Defamation
I run into this attitude from judges occasionally. Thankfully, I’ve always been able to turn them around, but when I read about it, it still raises my hackles a little. The attitude of which I speak...
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Appeal Victory: Treble Damages for Theft Affirmed Against Defendant
As we reported in October of 2011, we persuaded an Orange County Superior Court Judge to apply Penal Code section 496(c) – making it illegal to receive stolen goods – to a case where the defendant had...
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Demand Letters Can Stray Into Civil Extortion — Miguel Mendoza v. Reed K. Hamzeh
If the threat of getting in trouble with the State Bar is not enough, maybe the threat of both civil and criminals actions will get attorneys to toe the line. You know that it is an ethical violation...
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Defamation is Bad, but it Doesn’t Justify Chilling Free Speech
Our neighbors to the North are very American-like, until you get to issues of free speech. Most view Canada as the “least protective of free speech in the English-speaking world.” Reasonable minds can...
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