Monthly Archives: July 2012

DC Circuit Denies Sherrod Motion for Summary Affirmance

On the same day that the DC Circuit denied the motion to consolidate the appeal in 3M v. Davis with Sherrod v. Breitbart, it also denied Ms. Sherrod’s motion for summary affirmance, explaining that “[t]he merits of the parties’ positions are not so clear as to warrant summary action.”  The day was not a total loss for Ms. Sherrod, however, as the Court ordered that “the motion to dismiss be referred to the merits panel to which this case is assigned.”  Finally, while the motion to consolidate was denied, the Court has scheduled both cases for argument on the same …

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DC Circuit Denies Motion to Consolidate Sherrod v. Breitbart and 3M v. Davis appeals

This morning, the DC Circuit denied the motion to consolidate filed by the appellants in 3M v. Davis.  The per curiam order was issued by Judges Tatel, Garland and Brown.  As a result of the order, the two cases will proceed independently, according to the briefing schedule in each.  Of course, a third case is also pending in the DC Circuit: the appeal of the district court’s decision in Dean v. Esquire which granted the defendants’ anti-SLAPP motion.

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