Tag Archives: 3M

Remember Dean v Maddow?

The squabble between the former rocker and well-known liberal MSNBC host spilled over into two courts.  (For all the gory details, see my prior posts here and here and here and here and here and here and here and here and here and here).

Another judge holds that DC anti-SLAPP statute can be used in federal court

On the same day that the DC Circuit issued its decision in Sherrod v. Breitbart, which avoided deciding the “Erie” question by resolving the case on timeliness grounds, another DC federal court judge held that the DC anti-SLAPP statute can be applied in federal court, and granted the defendants’ anti-SLAPP motion.  (For prior posts on the background and arguments in the Boley case, see here and here). 

Superior Court Judge Grants District of Columbia’s anti-SLAPP Motion against Former Employee

Last week, another DC Superior Court judge granted an anti-SLAPP motion.  This motion was filed by the District of Columbia in response to a defamation/related torts lawsuit brought by a former employee: Eric Payne.  (For prior discussions on this suit, see this post discussing the DC opening brief; this post discussing Payne’s opposition brief; and this post discussing DC’s reply brief).  You can also find news stories about the lawsuit here and here, and an editorial that is critical of DC’s anti-SLAPP motion here). This is the second anti-SLAPP motion that has been granted by a DC Superior Court judge, …

[ CONTINUE READING ]

Does Detention for Immigration Violation Toll Libel Statute of Limitations?

In response to the anti-SLAPP motion filed by The Atlantic and its correspondent, George Boley has filed his opposition brief and the defendants, in turn, have filed their reply brief.  The briefs are relatively routine for this type of libel case, with Boley arguing that: he has adequately plead facts showing actual malice (and the defendants arguing that he has not); defendants are not entitled to the fair report privilege because some of the challenged statements were not based on official records (while they argue they were all based on court filings or official reports); the DC anti-SLAPP statute does …

[ CONTINUE READING ]

The DC anti-SLAPP Statute: A Two Year Retrospective

It has been two years since the District of Columbia’s anti-SLAPP statute first became effective.  To date, anti-SLAPP motions have been granted in a Superior Court case (Lehan v. Fox), denied in a Superior Court case (Newmyer v. Huntington), granted in a federal court case (Farah v. Esquire), and denied in two federal court cases (Sherrod v. Breitbart and 3M v. Boulter).  Anti-SLAPP motions have also been made in five other Superior Court cases: Snyder v. City Paper (resolved when the plaintiff voluntarily dismissed the suit); Dean v. NBC Universal (dismissed as a sanction for the plaintiff’s refusal to pay the …

[ CONTINUE READING ]

Will Farah v. Esquire Appeal Resolve “Erie” Question?

While the Sherrod v. Breitbart appeal has attracted a lot of attention at the DC Circuit, there is another case that could resolve whether the DC anti-SLAPP statute applies in federal court: Farah v. Esquire.  There, the plaintiffs/appellants are appealing the district court’s decision granting the defendants’ anti-SLAPP and 12(b)(6) motions and dismissing their false light, defamation, and Lanham Act causes of action. As alleged in the Complaint, a May 2011 post on Esquire’s politics blog contained fictional statements by publisher Joseph Farah that he would destroy the first-run print of Jerome Corsi’s book, Where’s the Birth Certificate? The Case …

[ CONTINUE READING ]

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 ]

Abbas Suit Focuses On Whether DC anti-SLAPP Statute Can Be Used in Federal Court

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?  

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 …

[ CONTINUE READING ]

Posted in General \ 2 Comments

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.