Tag Archives: Erie
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 ]
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 ]
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).
Nevada SLAPP Decision Could Impact DC Cases
A decision by the Ninth Circuit Court of Appeals earlier this week could impact three cases currently on appeal to the DC Circuit involving the DC anti-SLAPP statute. In Metabolic Research, Inc. v. Ferrell, et al., an attorney (Mr. Ferrell) sent a pre-suit letter to Metabolic Research and others which they interpreted as extortion or blackmail. They responded by filing a suit against Mr. Ferrell and his clients for extortion and related torts. In turn, Mr. Ferrell filed a special motion to dismiss under Nevada’s anti-SLAPP statute. The federal district court denied the anti-SLAPP motion, and Mr. Ferrell appealed to the … [ CONTINUE READING ]
Federal Court Grants Anti-SLAPP Motion in Farah v. Esquire Case
Judge Collyer today became the first federal court judge to grant an anti-SLAPP motion in federal court. Previously, Judge Leon denied an anti-SLAPP motion filed in Sherrod v. Breitbart and Judge Wilkins denied an anti-SLAPP motion filed in 3M v. Boulter. (Of course, Judge King of the DC Superior Court granted an anti-SLAPP motion in Lehan v. Fox). The Farah opinion explains that the anti-SLAPP statute “‘incorporates substantive rights with regard to a defendant’s ability to fend off lawsuits filed by one side of a political or public policy debate aimed to punish the opponent or prevent the expression of … [ CONTINUE READING ]
