Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

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Trinity Risk Management, LLC v. Simplified Labor Staffing Solutions, Inc.

Docket: B297176(Second Appellate District)

Opinion Date: January 14, 2021

Judge: Stratton

Areas of Law: Civil Rights, Constitutional Law

The Court of Appeal affirmed the trial court's order granting Simplified's special motion to strike the defamation cause of action in the cross-complaint as a strategic lawsuit against public participation under the anti-SLAPP statute, Code of Civil Procedure section 425.16. The court held that the second amended complaint (SAC) did not render the anti-SLAPP motion moot. The court also held that the email at issue was clearly an act in furtherance of Simplified's constitutional right of petition and is protected activity for purposes of the anti-SLAPP statute; the litigation privilege defeats cross-complainants' defamation cause of action; and there is no duty to meet and confer before filing an anti-SLAPP motion.