Monthly Archives: May 2014
DC Court of Appeals Holds that Denial of Motion to Quash Under DC Anti-SLAPP Statute Is Immediately Appealable
Yesterday, in its first decision interpreting the DC Anti-SLAPP statute, the DC Court of Appeals (DC’s highest court) held that: – the denial of a special motion to quash under the statute is immediately appealable under the collateral order doctrine; and – a party making a motion under the DC anti-SLAPP statute does not need to disprove, in the first instance, that it was not commercially motivated. (For background on the Burke v. Doe case, see here).
Another DC federal court judge recently held that the DC anti-SLAPP statute applies in federal court, and applied it to dismiss a libel and related torts action. This decision, in Forras v. Rauf, means that four DC federal district court judges have held that the DC anti-SLAPP statute applies in federal court, while one has held that it does not.