Monthly Archives: April 2013

Is Ninth Circuit Going to Revisit Whether California anti-SLAPP statute applies in federal court?

While we wait for the DC Circuit to resolve whether the DC anti-SLAPP statute applies in federal court (either in Sherrod v. Breitbart or Farah v. Esquire), two judges on the Ninth Circuit have suggested that court should revisit its prior decisions on whether the California anti-SLAPP act applies in federal court. The surprising statements came in last week’s opinion in Makaeff v. Trump University.  In that lawsuit, Ms. Makaeff brought a putative class action against Trump University, alleging that it engaged in deceptive business practices.  Trump University filed a counterclaim against Ms. Makaeff for defamation.  She moved to dismiss …

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Mann and National Review Spar Over anti-SLAPP burden and related issues

In the libel squabble between Michael Mann and National Review, Mann has filed his response to the defendants’ anti-SLAPP motion, and they, in turn, have filed their reply brief. Now that the briefing is complete, it is clear that there are several issues in serious dispute between the parties. First, they disagree on the burden imposed upon Mann to avoid dismissal.  The statute provides that, if the moving party satisfies the statute’s elements, the suit must be dismissed unless the non-moving party can show that it is “likely” to succeed on the merits.  

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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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