Monthly Archives: November 2012

Roundup on Pending Cases Involving the DC anti-SLAPP Statute

After a period of relative quiet, there has been a flurry of activity in the District of Columbia federal and state courts in cases involving the DC anti-SLAPP statute.  Here’s a summary of where the various cases stand:              •           Sherrod v. Breitbart:  The case drawing the most attention is the pending appeal in the United States Court of Appeals for the District of Columbia Circuit in Sherrod v. Breitbart.  There, the defendants/appellants have filed their opening brief; the District of Columbia has filed an amicus brief; Public Citizen and the American Civil Liberties Union of the Nation’s Capital have filed …

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Another judge to decide if anti-SLAPP statute applies in federal court

In response to a libel complaint filed by Yasser Abbas, one of the sons of Mahmoud Abbas, the Palestinian President, the defendants have filed an anti-SLAPP motion and a separate motion to dismiss the complaint for failure to state a claim.  (The law firm representing Schanzer is the same one that filed an anti-SLAPP motion on behalf of the City Paper in response to the suit brought by Dan Snyder.  Snyder ultimately dismissed his suit before the court ruled on the anti-SLAPP motion). 

DC federal court reiterates that anti-SLAPP statute inapplicable in federal court

While 3M and Lanny Davis were resolving their claims, the judge presiding over the district court portion of the case resurrected his February 2012 decision against another one of the defendants in that same case and held – again – that the DC anti-SLAPP statute does not apply in federal court.  

Can District of Columbia Use Anti-SLAPP Statute Against Defamation Suit?

According to the Washington Post, attorneys representing the District of Columbia, the DC Attorney General and DC Chief Financial Officer Natwar Gandhi have informed the DC Superior Court that they intend to file an anti-SLAPP motion in response to a defamation suit brought by Eric Payne, Gandhi’s former contracting director.  The complaint, filed July 30, 2012, alleges that, on June 11, 2012, Gandhi wrote in an email to a reporter that Payne was terminated because of his “poor performance.”  It alleges that this “false, derogatory and defamatory” statement was disseminated locally, domestically and internationally by various media outlets.  It alleges …

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