Monthly Archives: March 2012

Davis Defendants Move to Consolidate Appeal with Breitbart Case at DC Circuit

Worlds colliding, if the Davis defendants in 3M v. Boulter have their way. Today, they filed a motion to consolidate their appeal with the appeal filed by the Breitbart defendants in Sherrod v. Breitbart. The Davis defendants assert that both appeals involve the question of whether the anti-SLAPP statute applies in federal court (the Erie issue) and, under the DC Circuit’s Handbook of Practice and Internal Procedures, should be consolidated as both “present ‘the same, similar, or related issues.’” The Davis defendants explain that the Sherrod and 3M panels will be required to decide the same issues. The Davis defendants’ submission …

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Maddow and NBC Defendants Move to Stay Second Dean Suit

Rachel Maddow and related NBC defendants today moved to stay the federal court lawsuit filed by Bradley Dean until an identical suit can be resolved in the Superior Court. As I previously explained, on February 21, Dean voluntarily moved to dismiss his Superior Court action, explaining that he intended to refile it in federal court “due to the Court’s recent decision in 3M v. Boulter, No. 11-cv-1527 (RLW).” True to his word, he filed his federal court complaint, which is virtually identical to his Superior Court complaint, on February 21. (The case was randomly assigned to Judge Leon, which is …

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