Description

Apple said no jab, no job. The actor sued. The Court of Appeal holds the jab policy is expressive conduct, and thus the suit was a SLAPP.

Apple Studios dropped an actor from its Manhunt miniseries over a COVID vaccine mandate. The actor sued. Apple filed an anti-SLAPP motion—and won. Jeff and Tim break down Sexton v. Apple Studios and ask:

• Is a vaccine mandate a creative decision?
• Do logistical decisions become “expressive” just because they are part of making a film?
• The court held that following “contemporary conventional wisdom” was reasonable, but what happens when that wisdom was arrived at suddenly in a matter of a few months—and then is abandoned just as suddenly?
• And recall past “contemporary conventional wisdom” that is now abandoned: smoking was safe (even good for you!); thalidomide was good for pregnant women; Fen-Phen and Vioxx were promoted. Tim notes that much medical orthodoxy has a short shelf life and the law needs to allow room for individual choice. Jeff notes that in emergency situations the law needs to defer to coalescing expert opinion and best practices. We discuss, you decide.

Also:

• A pro se litigant tricks a New York court into letting his AI avatar argue for him. (Spoiler: it did not go well.)
• Plus, updates on shadow docket misadventures and deportation do-overs.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Apple’s mandatory vaccine is “creative” expression—employee’s lawsuit held a SLAPP

Disclaimer: The views expressed by our guest, James Mixon, are his own and do not reflect the official position of the California Court of Appeal or the California Judicial Branch. AI technology and legal standards are rapidly evolving, listeners should verify current rules and consult qualified attorneys before implementing AI tools in their practice. Attorneys must independently verify all legal citations and comply with applicable rules of professional conduct.