Certain lawsuits are not favored by the courts.   These include any lawsuit that could impinge on another’s right of free speech or right to petition the court for relief.  This later category includes lawsuits for malicious prosecution, abuse of process, or defamation.

There is a statute that allows for a motion to dismiss any of these unfavored lawsuits known as an anti-SLAPP motion.  This places the burden on the party who filed the lawsuit to prove to the court before any chance of conducting discovery that it is likely he or she will ultimately prevail.  If the anti-SLAPP motion is filed, the party bringing the lawsuit can be liable for the attorney fees incurred by the defendant in filing that motion.

This statute is extremely harsh and seemingly unfair.  An attorney must be mindful of this statute in filing any lawsuit because it is not often clear at first glance when a lawsuit will be subject to an anti-SLAPP motion.

Robert G. Klein, Esq. is a Los Angeles trademark attorney and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com