Monthly Archives: August 2013
Several recent decisions have me wondering if it is time for the DC Council to revise the DC anti-SLAPP statute to clarify two issues that continue to be in serious dispute. First, is the denial of a motion under the anti-SLAPP statute immediately appealable?
In the three plus years since the DC anti-SLAPP statute first became effective, parties have argued that it violates the Home Rule, cannot be used retroactively, cannot be applied in federal court, and does not apply to motions made more than 45 days after service. Now, in a galaxy far, far away (well, actually New York), a high-profile plaintiff is asserting a new argument: that the statute violates the Seventh Amendment.