Sherrod Maintains That Breitbart Appeal Must Be Dismissed in Reply Brief to DC Circuit

The Sherrod plaintiff today filed her reply brief in support of her motion to have the Breitbart defendants’ appeal dismissed or have the District Court’s order summarily affirmed.

According to Ms. Sherrod, a cursory review of the statute shows that it does not provide immunity from suit or trial and, as such, a denial of an anti-SLAPP motion cannot be immediately appealed under the collateral order doctrine: “[t]he key point here is that the collateral-order doctrine requires Defendants to establish a right not to stand trial, but the Anti-SLAPP Act provides no such thing.” The same review of the statute shows, according to Ms. Sherrod, that the statute substantively changes the law and, as such, it cannot be applied to her suit because it was filed before the effective date of the statute.

From my view, the Breitbart defendants have the better of the argument. There is a strong argument that the statute is intended to provide an immunity from suit and, as such, a denial of an anti-SLAPP motion should be immediately appealable. It will be interesting to see if the DC Circuit reaches the same conclusion.

Leslie Machado

About: Leslie Machado

Mr. Machado counsels and advises a diverse range of clients on various areas of law. He is also an experienced litigator, having tried cases to verdict in state and federal courts. View all posts by Leslie Machado
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