Wilson v. Cable News Network, S239686
(B264944;
6 Cal.App.5th 822) Petition for review after the Court of Appeal reversed an order granting a
special motion to strike in a civil action. This case presents the
following issue: In deciding whether an employee’s claims for
discrimination, retaliation, wrongful termination, and defamation arise from
protected activity for purposes of a special motion to strike (Code of Civ.
Proc., § 425.16), what is the relevance of an allegation that the employer
acted with a discriminatory or retaliatory motive?
Monster Energy
Co. v. Schechter, S251392
(E066267; 26 Cal.App.5th 54) Petition for review after the Court of Appeal affirmed in
part and reversed in part an order granting in part and denying in part a
special motion to strike. The court limited review to the following
issues: (1) When a settlement agreement contains confidentiality
provisions that are explicitly binding on the parties and their attorneys and
the attorneys sign the agreement under the legend “APPROVED AS TO FORM AND
CONTENT,” have the attorneys consented to be bound by the confidentiality
provisions? (2) When evaluating the plaintiff’s probability of prevailing
on its claim under Code of Civil Procedure section 425.16, subdivision (b), may
a court ignore extrinsic evidence that supports the plaintiff’s claim or accept
the defendant’s interpretation of an undisputed but ambiguous fact over that of
the plaintiff?Over on the SCOTUS side of things, see Law360's Supreme Court To Lawyers: Can You Keep It Short?: "Beginning in July, Supreme Court practitioners will be permitted fewer words [13K as opposed to the existing 15K] to make their cases and less time to file reply briefs as a result of rule changes adopted by the justices Thursday."
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