Monthly Archives: January 2013
I have learned that, last month, the DC Court of Appeals dismissed the appeal of an order denying an anti-SLAPP motion. The court held that there was no interlocutory review under the statute and that the order was not appealable under the Cohen collateral order doctrine. This order, and other rulings in the same suit, could have major ramifications for the Sherrod v. Breitbart appeal and the other pending anti-SLAPP motions.
As I predicted last month, Michael Mann’s suit against the National Review, Competitive Enterprise Institute and two of their contributors, has resulted in an anti-SLAPP motion filed by the defendants, along with a companion Rule 12(b)(6) motion.
A series of filings in response to the defamation suit filed by Yasser Abbas against the Foreign Policy Group and Jonathan Schanzer have now focused the DC federal court on the same question pending before the DC Circuit in Sherrod v. Breitbart: does the DC anti-SLAPP statute apply in federal court?