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Law Practice,
California Courts of Appeal

Nov. 28, 2017

When is a demand letter considered just a 'bluff'?

Several questions come to mind as a result of this case: How is it to be determined if a demand letter is a just "bluff," or truly "in contemplation of litigation," and how does a court or jury make that decision?

Edwin F. McPherson

Partner, McPherson LLP

Email: emcpherson@mcpherson-llp.com

Univ of San Diego SOL; San Diego CA

Ed specializes in music copyright litigation, general entertainment litigation, and crisis management.

Bill Cosby at a courthouse in Norristown, Pa., June 13. (New York Times News Service)

The California Court of Appeal just published a decision that might rock the legal world. The case, Dickinson v. Cosby, 2017 DJDAR 11083 (Nov. 21, 2017), centered on a demand letter sent by attorney Martin D. Singer on behalf of Bill Cosby, and a subsequent press release, also penned by Singer. The case arose out of the following facts:

After several women had publicly accused Bill Cosby of drugging and ...

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