Tag Archives: appeal

Checking in on Michael Mann’s Libel Suit

When we last wrote about Michael Mann’s libel suit against National Review, Competitive Enterprise Institute, and two individual defendants, the DC Superior Court had denied anti-SLAPP motions filed by all defendants.  Since that date, there have been several notable developments in the case, including an appeal to the DC Court of Appeals, a return to the DC Superior Court, and another upcoming appeal.  Here is what you might have missed: 

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Three Takeaways from the DC Circuit’s Farah v. Esquire Decision

The DC Circuit’s decision in Farah v. Esquire Magazine turned out to be a dud from an anti-SLAPP perspective.  The court affirmed the district court’s dismissal of Farah’s Complaint, but did so under Rule 12(b)(6), thus mooting any consideration of arguments made under the DC anti-SLAPP act. The opinion is not a great surprise.  In its brief to the DC Circuit, Esquire suggested that, because the Complaint was also dismissed under Rule 12(b)(6), the district court’s decision could be affirmed on this alternative basis.  And the questions at oral argument (link here) did not focus on the anti-SLAPP act. Nevertheless, …

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Another Case Tests Whether Denial of Anti-SLAPP Motion Can Be Immediately Appealed

There is an interesting anti-SLAPP case that has now reached the DC Court of Appeals.  Here is the background. Susan Burke is a DC lawyer, best known for representing plaintiffs in suits against the U.S. military or federal government contractors.  In January 2012, an editor allegedly edited Ms. Burke’s Wikipedia entry to suggest that a DC federal judge had criticized a case she brought against the company then named Blackwater.  In fact, Ms. Burke was not involved in the case referenced by the Wikipedia editor, and was instead counsel in a separate case involving the same defendant. 

Farah v. Esquire: a Primer

I have previously blogged about the panel that will be hearing the Farah v. Esquire appeal on October 3.  Here’s a brief summary on the relevant background facts, the proceedings in the district court and the pertinent issues on appeal.

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).

DC Circuit Affirms Denial of anti-SLAPP Motion in Sherrod v. Breitbart on Timeliness Grounds

This morning, the DC Circuit issued a short opinion in which it affirmed the District Court’s ruling in Sherrod v. Breitbart, which had denied the defendants’ anti-SLAPP motion.  Because the District Court’s ruling was not a final judgment ending the action, the DC Circuit first considered whether it even had jurisdiction to hear the appeal.  After canvassing decisions from other circuits and a “terse, unpublished order” from the DC Court of Appeals, the court sidestepped the question because it found that its precedent on another issue completely resolved the case.  In other words, the court assumed (without deciding) that it had …

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Sherrod Oral Argument Suggests DC Circuit Might Not Resolve Erie Issue

Unfortunately, I was not able to attend this morning’s oral argument in the Sherrod appeal.  The Legal Times’ summary is here.  The Washington Post summary is here.  And another summary is here.  Both the Legal Times and the Washington Post articles point out that there are a variety of other issues in Sherrod that could prevent us from getting a definitive answer on whether the statute can be used in federal court, including whether the motion was timely made, whether it applies to conduct that pre-dated the statute’s effective date, or whether it can be immediately appealed (I’ve discussed all three issues here).   …

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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 …

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Will DC Court of Appeals’ Decision Impact Sherrod Appeal?

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.  

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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