California Court of Appeal

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J-M Manufacturing Co. v. Phillips & Cohen, 256927

In a suit for defamation and trade libel filed against a law firm-defendant that issued a press release concerning its false claims litigation victory over plaintiff, the trial court's denial of defendant's special motion to strike the complaint under Code of Civil Procedure section 425.16 (Anti-SLAPP), is reversed where: 1) although defendant may be guilty of self-promotion and puffery, its description of the evidence at trial and the jury's special verdict in the press release falls comfortably within the permissible degree of flexibility and literary license afforded communications to the media concerning judicial proceedings; 2) the substance of its report was accurate; and 3) the release was absolutely privileged under Civil Code section 47(d).

Appellate Information

  • Decided
  • Published 2016/05/03




  • California Court of Appeal