Monthly Archives: June 2012
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 …
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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 …
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