Monthly Archives: September 2011

DC Superior Court Orders Additional Briefing in Lehan v. Fox

According to a docket entry in the Lehan v. Fox case, at a scheduling conference today, the Court ordered the parties to “file Memorandum(s) of Law (regarding the issue discussed in open court on 9/30/11) . . . by 10/21/11.” The same docket entry provides that a motion hearing is set for November 17, 2011. The docket entry does not explain what issue the parties are to brief for the Court. The defendants’ opening brief, plaintiff’s opposition, and defendants’ reply have largely concentrated on the “retroactivity” issue, with the defendants arguing that the statute does not change the substantive requirements for …


Farah v. Esquire Plaintiffs Raise Variety of Arguments in Response to Anti-SLAPP Motion

The plaintiffs in the Farah v. Esquire suit today filed their opposition to the motion filed by the defendants last month which sought dismissal, in part, under DC’s anti-SLAPP statute. The plaintiffs’ primary argument is that the subject of the blog posting was not, as the defendants maintain, an issue of public interest, but was instead motivated by “a desire to harm Plaintiffs commercially as well as their reputations.” According to the plaintiffs, “the substance giving rise to Plaintiffs’ claims are commercial issues and not a matter of public interest” that fall outside the scope of the statute. The plaintiffs next …


Dan Snyder Dismisses Suit Against City Paper

Dan Snyder today agreed to dismiss his lawsuit against the City Paper and its reporter, Dave McKenna, with prejudice (this means that the case is over and Snyder cannot file suit again on these allegations). In the stipulation of dismissal, the defendants agree “that they shall bear their own fees and costs in connection with this action.” Of course, under the anti-SLAPP statute, if the party filing a special motion to dismiss prevails, the court may award the costs of litigation, including reasonable attorney fees.  DC Code 16-5504(a).

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NBC, MSNBC and Rachel Maddow Invoke Anti-SLAPP Statute in DC Superior Court Action

The DC anti-SLAPP statute has been invoked in another case: Dean v. NBC Universal.  There, NBC, MSNBC and Rachel Maddow moved today to dismiss the suit under the anti-SLAPP statute or for failure to state a claim In the complaint, filed July 27 in DC Superior Court, the plaintiff alleges that he is “a renowned and accomplished hard metal rocker who came to Jesus Christ” and has “founded a non-profit foundation” (which is also a plaintiff) whose “mission is to restore Judeo-Christian and family values to society and for posterity, particularly by positively influencing the nation’s youth.” The complaint alleges …