First Amendment Case: Sexual Assault Victim’s Counterclaim

There have been further developments in Wade v. Foster, an important First Amendment case in which I represent Erin Foster, a woman who reported being sexually assaulted.  As I  mentioned in a previous post, the case is unusual in that although Erin, my client, reported the sexual assault, she is being sued by Bret Wade, the person identified as her assailant.  Erin believes that the lawsuit, in federal court in Maryland, is meant to intimidate her into remaining silent. Wade,…

First Amendment: Defending Right to Speak About Sexual Assault

In an important First Amendment case, The Kaplan Law Firm currently represents a client being sued for, according to the lawsuit against her, reporting that she was sexually assaulted.  This case highlights an unfortunate aspect of our legal system—individuals who have money can sue others who say things that they do not like, even if they have little hope of winning the case, and use the enormous costs of defending oneself from a lawsuit for defamation to silence such individuals.  This…

Appeals: First Amendment, Discrimination and Criminal Cases

March is turning out to be a  busy month for appellate matters.  The Kaplan Law Firm will have oral arguments in three separate appellate cases, all of which raise important issues of law. On March 21 we have an oral argument before the Fourth Circuit Court of Appeals in Richmond in Villa v. CavaMezze Grill, LLC, a Title VII civil rights case. In this case an employer fired an employee (my client) because she reported that another employee had told our client that she…

NPR Story on Important Internet Defamation Case

NPR’s On the Media program has an interesting story on the Crystal Cox case, in which a blogger was held liable for defamation because of her online statements about a bankruptcy trustee. The audio of the story is available here.  I have posted here the decision referred to in the story, in which Judge Hernandez of the United States District Court for the District of Oregon upheld the verdict against Cox.