Monthly Archives: February 2013

What are “private” vs “public” interests under DC anti-SLAPP statute?

We should get more insight into the answer to that question after the DC Superior Court rules in the pending case of Campbell v. CGI Group, Inc. because, after attending last Thursday’s oral argument, that is the issue on which the anti-SLAPP motion filed by Compass Solutions will turn.  A quick reminder on how we got here.  According to the Complaint filed by Campbell, Compass allegedly contacted her supervisor and stated that she was engaging in improper and unethical conduct, which led to her termination.  Campbell alleged that the true purpose of the communication was to remove her from her position (the Chief Operating Officer for the …

[ CONTINUE READING ]

Posted in General \ Leave a comment

Does DC anti-SLAPP statute apply to suit against government official?

The District of Columbia has filed its reply brief in support of its anti-SLAPP motion to dismiss the defamation suit brought by former employee Eric Payne for statements made by the district’s CFO Natwar M. Gandhi concerning Payne’s termination as contracting director for the Office of the CFO.

Posted in General \ 1 Comment

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 ]

Posted in General \ Leave a comment