Tag Archives: Sherrod

Federal Court Grants Anti-SLAPP Motion And Dismisses Adelson Libel Suit

I previously blogged about the libel suit brought by Sheldon Adelson against the National Jewish Democratic Council and others, alleging that an article they published, which reported that Adelson had personally approved of prostitution in his casinos, and urged then-Presidential candidate Mitt Romney to reject his “dirty money,” was false and defamatory.  The defendants initially moved to dismiss the suit under Rule 12(b)(6) and the DC anti-SLAPP act.  At the Court’s request, the parties then briefed whether the suit would survive under Nevada’s anti-SLAPP statute. On September 30, the Court dismissed the suit, holding that it failed to state a claim …

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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  After canvassing decisions from other circuits and a “terse, unpublished order” from the DC Court of Appeals, the court sidestepped the question because it found that its precedent on another issue completely resolved the case.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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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 …

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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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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.  

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 …

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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.  

Lanny Davis Drops High-Profile Appeal of Denial of Anti-SLAPP Motion

With apologies to Queen, another anti-SLAPP suit has bitten the dust.  Unlike the Lehan v. Fox Television Stations case, in which the defendants’ anti-SLAPP motion was granted, however, the high-profile squabble between 3M and Lanny Davis has ended because of a settlement. 

Breitbart Defendants File Opening Brief in DC Circuit

The defendants in the Sherrod v. Breitbart case have filed their opening brief in the DC Circuit.  As you may recall, Judge Leon’s Statement of Reasons, explaining why he denied the anti-SLAPP motion in his minute Order, stated that it was denied because: (a) the lawsuit was filed six weeks before the statute became effective and there was no indication that it was intended to apply retroactively; (b) the statute is inapplicable in federal court, which is required to apply federal procedural law under Erie; and (c) the motion was not timely made. Almost ½ of the appellate brief is …

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