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: Legal Pad | LA

Cal Supremes take up attorney ads and free speech

By Richard Binder

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Via The Recorder:

An advertisement composed by class action lawyer Pierce Gore appeared in the San Jose Mercury News and the Los Gatos Weekly Times in early 2006, advising wood deck owners to contact him if they had built their decks after Jan. 1, 2004, with galvanized screws manufactured by three companies as the owners might be entitled to monetary compensation or repairs.  One of the companies he listed was Simpson Strong-Tie Co. Inc., who sued Gore, alleging defamation and false advertising.  Gore in turn filed an anti-SLAPP motion, accusing Simpson of trying to stifle his free-speech rights.

A superior court judge granted the motion and in 2008 San Jose's 6th District Court of Appeal affirmed, creating a conflict with Los Angeles' 2nd District.

Yesterday Jon Eisenberg and Thomas Burke appeared before the California Supreme Court to argue whether Gore's ad was indeed defamatory.  For details, click here.

Full post as published by Legal Pad | LA on April 08, 2010 (boomark / email).

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