Monthly Archives: February 2012
District of Columbia Appeals 3M Decision to DC Circuit
The District of Columbia today filed its own notice of appeal of the federal district court’s decision earlier this month in 3M v. Boulter, holding that the statute is not applicable in federal court. Of course, the DC Attorney General had previously submitted a brief, arguing that the statute did not violate the Home Rule and could be applied in federal court. The federal district court did not reach the Home Rule argument because it held that the statute conflicted with Rules 12 and 56 and thus could not be applied in federal court. I would expect that the Davis …
[ CONTINUE READING ]
Plaintiff in Dean v. NBC Case Engages in Blatant Forum Shopping
The Dean v. NBC Universal case took an odd turn today when the plaintiff filed a notice of voluntary dismissal without prejudice. According to the filing, “[t]he Complaint has been refiled in the U.S. District Court for the District of Columbia due to the Court’s recent decision in 3M v. Boulter, No. 11-cv-1527 (RLW).” The MSNBC defendants (Rachel Maddow, NBC and MSNBC) had previously moved to dismiss the suit, either because it failed to state a claim under Rule 12(b)(6) or under the DC anti-SLAPP statute. The plaintiffs had opposed that motion by attacking the constitutionality of the statute and …
[ CONTINUE READING ]
Plaintiff in Farah v. Esquire Provides Court Its View of 3M Decision
The plaintiff in the Farah v. Esquire case today informed the Court of Judge Wilkins’ decision in 3M v. Boulter. That decision, of course, denied an anti-SLAPP motion on the basis that it conflicts with Rule 12 and 56 and thus cannot be applied in federal diversity suits. In his filing, the Farah plaintiff argues that “[i]t is now the law of this Court that the Anti-SLAPP Act is not applicable. Thus, the Court should respectfully summarily deny Defendant’s special motion to dismiss, which was filed on August 26, 2011, so that discovery may proceed.” While the Farah court can …
[ CONTINUE READING ]
Davis Defendants Appeal Denial of Anti-SLAPP Motion to DC Circuit
The Davis defendants in the 3M v. Boulter suit today filed a notice of appeal of the court’s February 2 opinion and order, denying their anti-SLAPP motion on the basis that it cannot be applied in federal court. This is now the second federal district court decision on the anti-SLAPP statute on appeal, joining the Sherrod v. Breitbart action in which Judge Leon issued his Statement of Reasons earlier this week.
