Monthly Archives: April 2012

Davis Defendants and District of Columbia Contend Appeal Is Appropriate Under Collateral Order Doctrine

Both the Davis defendants and the District of Columbia today filed oppositions to the motion to dismiss their appeals filed by 3M earlier this month. As you might expect, both argue that the appeal is appropriate under the collateral order doctrine. The Davis defendants first directly contest 3M’s position that the decision could be reviewed after the case was over. Pointing to numerous decisions holding that anti-SLAPP statutes provide immunity from suit from meritless suits, they argue that 3M’s position, if accepted, would force defendants to shoulder the burden of meritless lawsuits through discovery and, perhaps, trial – which is exactly …

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Maddow and NBC Move to Dismiss Second Dean Suit

Rachel Maddow and related NBC defendants today moved to dismiss the duplicative federal court suit filed by Dean and others. This second anti-SLAPP motion, necessitated because Dean is forum shopping in federal court instead of litigating his pending case in Superior Court, makes many of the arguments previously made by the defendants in the Superior Court action. Because the case is now pending in federal court, however, and in light of the opinion in 3M v. Boulter, the defendants argue that the anti-SLAPP statute clearly applies in federal court. They quote from Judge Leon’s “Statement of Reasons” in Sherrod v. …

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3M Moves to Dismiss Davis Appeal of Denial of Anti-SLAPP Motion to DC Circuit

Today, 3M moved to dismiss the appeal filed by the Davis defendants. In its motion, 3M argues that the appeal of the district court’s opinion and order, denying the anti-SLAPP motion filed by the Davis defendants, must be dismissed because: (a) the district court’s order was not a final order within meaning of § 1291; (b) the district court’s order is not the type of § 1292 order from which an interlocutory appeal can be taken; (c) the Davis defendants did not obtain permission from the district court to certify the order for appeal; and (d) the order does not …

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3M Also Opposes Consolidation With Sherrod v. Breitbart Appeal

Today, 3M filed its opposition to the motion to consolidate filed by the Davis defendants in the 3M v. Boulter appeal. Yesterday, of course, Ms. Sherrod filed her opposition to that same motion, which sought to consolidate 3M v. Boulter with Sherrod v. Breitbart. Like the Sherrod opposition, 3M’s opposition argues that the two cases are not sufficiently similar to warrant consolidation. It also emphasizes, as did Ms. Sherrod’s opposition, that the 3M appeal involves the singular Erie issue, while the Sherrod appeal involves Erie, timeliness and retroactivity, so that the Sherrod appeal could be resolved on grounds that are inapplicable (and …

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Sherrod Opposing Consolidation With Davis in DC Circuit

Ms. Sherrod today strenuously objected to the Davis defendants motion to consolidate their appeal in 3M v. Boulter with Sherrod v. Breitbart. According to Ms. Sherrod, appeals are generally consolidated if they arise from the same proceeding or district court judgment/order. While acknowledging that the DC Circuit Handbook provides that cases may be consolidated if they involve “similar or related issues,” she argues that this requires the issues to “overlap” or, at a minimum, for common issues to “predominate.” Pivoting off this point, she argues that consolidation is inappropriate because the two appeals “arise from different judges and different orders, and [] …

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