Category Archives: General
Atlantic Magazine Responds to Defamation Suit With Anti-SLAPP Motion
The Atlantic Monthly Group and a correspondent have filed an anti-SLAPP/Rule12(b)(6) motion in DC federal court in response to a Complaint by George Boley. The pro se Complaint, filed January 22, 2013, alleges that statements in a January 2010 article and February 2010 follow-up post on the Atlantic website defamed him by stating that he was a warlord in his native Liberia. It seeks compensatory and punitive damages. The defendants’ brief in support of their anti-SLAPP and Rule 12(b)(6) motions first chronicles Boley’s tenure as leader of the Liberian Peace Council, citing to and quoting from a U.S. State Department … [ CONTINUE READING ]
What are “private” vs “public” interests under DC anti-SLAPP statute?
We should get more insight into the answer to that question after the DC Superior Court rules in the pending case of Campbell v. CGI Group, Inc. because, after attending last Thursday’s oral argument, that is the issue on which the anti-SLAPP motion filed by Compass Solutions will turn. A quick reminder on how we got here. According to the Complaint filed by Campbell, Compass allegedly contacted her supervisor and stated that she was engaging in improper and unethical conduct, which led to her termination. Campbell alleged that the true purpose of the communication was to remove her from her position (the Chief Operating Officer for the … [ CONTINUE READING ]
Does DC anti-SLAPP statute apply to suit against government official?
The District of Columbia has filed its reply brief in support of its anti-SLAPP motion to dismiss the defamation suit brought by former employee Eric Payne for statements made by the district’s CFO Natwar M. Gandhi concerning Payne’s termination as contracting director for the Office of the CFO.
Sherrod v. Breitbart Appeal Ready for Oral Argument
The Sherrod v. Brietbart appeal is now fully briefed (opening brief here, opposition brief here, and reply brief here) and ready for the oral argument, scheduled for March 15, 2013. (The case has also attracted amicus briefs, including from the District of Columbia, the ACLU and Public Citizen, and a host of news organizations). The threshold question in Sherrod is whether the denial of an anti-SLAPP motion is immediately appealable under the collateral order doctrine of Cohen v. Beneficial Loan Corp. (The DC Court of Appeals recently held that it was not). Under Cohen, the appellants must show that the … [ CONTINUE READING ]
National Review SLAPPs at Mann climate change libel suit
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.
Another anti-SLAPP Motion Filed In Response to Former DC Official’s Defamation Suit
At the same time as former DC employee Eric Payne is opposing an anti-SLAPP motion filed by the District of Columbia, another former high-ranking employee of the District of Columbia has also been hit with an anti-SLAPP motion in response to her defamation suit. On November 21, 2012, Jennifer Campbell, the former District of Columbia Chief Operating Officer for the Department of Health Care Finance, filed suit against three companies that she alleged made defamatory statements about her, which she alleges directly led to her termination by the District of Columbia.
