Law of Interpretation Law Offices of Anthony C. Duffy

The law of interpretation

How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document’s meaning or a drafter’s intent. Those who see language as less Read more…

Lis Pendens California

A Due Process Analysis of California Lis Pendens

In California, the lis pendens, though it serves the useful purpose of notifying potential purchasers of property of pending lawsuits, is subject to serious abuse. A lis pendens effectively prevents alienation of the property until the judgment in the underlying action has become final.  For this reason, lis pendens is susceptible to abuse by parties who assert meritless claims to Read more…

Law Offices of Anthony C. Duffy

Anti-SLAPP Law

Short for strategic lawsuits against public participation, SLAPPs have become an all-too-common tool for intimidating and silencing critics of businesses, often for environmental and local land development issues. An “anti-SLAPP” law is meant to provide a remedy from SLAPP suits. Under most such statutes, the person sued makes a motion Read more…

Law Offices of Anthony C Duffy - Anti Slapp

California’s Anti-Slapp

Passed into law in 1992, California’s anti-SLAPP statute (prohibiting stra- tegic lawsuits against public participation, or SLAPPs) has evolved into a nuanced but powerful procedural device for litigants facing lawsuits arising from protected petitioning or speech activity. Found at Code of Civil Procedure sections 425.16 through 425.18, it presents a Read more…

Law Offices of Anthony C. Duffy SLAPP

Getting SLAPP-ed in Federal Court:

Getting SLAPP-ed in Federal Court: Applying State Anti-SLAPP Special Motions to Dismiss in Federal Court After Shady Grove In recent years, dozens of states have enacted anti-Strategic Lawsuits Against Public Participation (SLAPP) laws to counter SLAPP suits, or lawsuits filed to silence a defendant who has spoken out against a Read more…