Monthly Archives: July 2011

First Ruling Under DC Anti-SLAPP Statute – Motion Denied in Sherrod Suit

The judge presiding over the Sherrod v. Breitbart libel action today denied the defendants’ motion to dismiss the suit under DC’s anti-SLAPP statute. The entry on the court’s docket reads: “MINUTE ORDER denying 23 Defendants’ Motion to Dismiss Complaint Under Anti-SLAPP Act of 2010.  It is hereby ORDERED that the motion to dismiss is DENIED. Signed by Judge Richard J. Leon on 7/28/2011. (lcrjl3) (Entered: 07/28/2011).” There was no accompanying opinion explaining the reasons for the denial.

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Anti-SLAPP Statute Invoked By Fox Television Station

The recently-enacted DC anti-SLAPP statute has been invoked by another defendant. In Lehan v. Fox Television Stations, a case filed in DC Superior Court on June 10, 2011, the plaintiff alleges that he is a highly-regarded DC-firefighter who, “[b]ecause of his reliability and willingness to work overtime, and due to special events and homeland security policies within the District of Columbia, he was frequently offered overtime, which he accepted.” The complaint alleges that, on January 31, 2011, Fox News published a story about overtime incurred by DC firefighters and emergency medical personnel. It alleges that the story was inaccurate in its description …

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City Paper Gets Amicus Support in Suit by Dan Snyder

The American Civil Liberties Union of the Nation’s Capital, DC Councilmember Mary Cheh and a host of media organizations, including National Public Radio, Albritton, Politico, and WUSA-TV, yesterday filed an amicus brief in support of the City Paper and Dave McKenna’s motion to have Dan Snyder’s complaint dismissed under DC’s anti-SLAPP statute. The amicus brief, which has gotten attention for its reference to Harry Potter and Voldemort, explains that DC’s anti-SLAPP statute is part of a growing trend, joining 27 other jurisdictions that have enacted similar legislation.