Monthly Archives: June 2012

Nevada SLAPP Decision Could Impact DC Cases

A decision by the Ninth Circuit Court of Appeals earlier this week could impact three cases currently on appeal to the DC Circuit involving the DC anti-SLAPP statute.  In Metabolic Research, Inc. v. Ferrell, et al., an attorney (Mr. Ferrell) sent a pre-suit letter to Metabolic Research and others which they interpreted as extortion or blackmail.  They responded by filing a suit against Mr. Ferrell and his clients for extortion and related torts.  In turn, Mr. Ferrell filed a special motion to dismiss under Nevada’s anti-SLAPP statute.  The federal district court denied the anti-SLAPP motion, and Mr. Ferrell appealed to the …

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Farah Lawyer Calls Adverse Decision “Significantly Flawed and Intellectually Dishonest” and Files Appeal to DC Circuit

As I predicted last week, the plaintiff in Farah v. Esquire has quickly appealed an adverse decision to the DC Circuit, where it joins the appeals filed by the defendants in Sherrod v. Breitbart and 3M v. Davis. In those cases, however, the defendants appealed the district court’s denial of their anti-SLAPP motions whereas here the defendants’ anti-SLAPP motion was granted. And, in those cases, the plaintiffs have moved to dismiss the appeals, here and here. After the adverse decision, Farah’s lawyer, Larry Klayman, was quoted as calling the decision “significantly flawed and intellectually dishonest” and “so poorly reasoned it …

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Federal Court Grants Anti-SLAPP Motion in Farah v. Esquire Case

Judge Collyer today became the first federal court judge to grant an anti-SLAPP motion in federal court. Previously, Judge Leon denied an anti-SLAPP motion filed in Sherrod v. Breitbart and Judge Wilkins denied an anti-SLAPP motion filed in 3M v. Boulter. (Of course, Judge King of the DC Superior Court granted an anti-SLAPP motion in Lehan v. Fox). The Farah opinion explains that the anti-SLAPP statute “‘incorporates substantive rights with regard to a defendant’s ability to fend off lawsuits filed by one side of a political or public policy debate aimed to punish the opponent or prevent the expression of …

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