Varian v. Delfino

Varian Medical Systems, Inc. v. Delfino, 35 Cal.4th 180 (2005) is a California Supreme Court opinion by then-Associate Justice Janice R. Brown interpreting the state's SLAPP statute.

The judgment against Delfino and Day included a broad injunction ordering them not to "publish, post, or otherwise disseminate, directly or indirectly, on the Internet or elsewhere" 23 categories of statements that the trial court judge Jack Komar, and not the jury, found "untrue" and "false and defamatory."

In the fall of 2001 prior to the Santa Clara County Superior Court trial, Delfino and Day filed a special motion to strike Varian's complaint under California's Anti-SLAPP statute, Code of Civil Procedure section 425.16.

On the eve of a second jury trial, in March 2006 with Jacobs-May presiding and with Delfino and Day in pro per, the case settled amicably and more than seven years of remarkably acrimonious litigation ended.

All four Varian plaintiffs represented by the Orrick, Herrington & Sutcliffe law firm and the Pillsbury Winthrop Shaw Pittman LLP failed to receive any amicus support.