Monthly Archives: June 2014

PissedConsumer.com SLAPPs Back

From the land of Wayne Newton and Brittney Spears comes news of an interesting lawsuit implicating the Nevada anti-SLAPP statute.  Techdirt.com explains that the lawsuit, Opinion Corporation d/b/a PissedConsumer.com v. Nevada Corporate Headquarters, came after Nevada Corporate Headquarters twice sued Opinion Corporation, which runs the website PissedConsumer.com (which, as its name suggests, allows consumers to complain about companies). According to the complaint, Nevada Corporate Headquarters’ first lawsuit was dismissed because of 47 U.S.C. § 230.  (Section 230 of the Communications Decency Act protects websites against libel suits for otherwise defamatory comments/statements made on the website, as long as the website …

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Could the DC Circuit Decide the Abbas Appeal While Avoiding the “Erie” Issue?

I have previously explained that Yasser Abbas’s appeal from the district court’s decision, granting the defendants’ anti-SLAPP motion, will likely force the DC Circuit to decide whether the DC anti-SLAPP statute applies in federal court (“the Erie issue”) because, unlike the Sherrod appeal (which also involved timeliness issues) and the Farah appeal (in which the motion to dismiss was also granted under Rule 12(b)(6)), the Abbas complaint was dismissed only under the DC anti-SLAPP statute and there are no other potentially dispositive issues (e.g., timeliness). As such, the threshold question of whether the statute applies in federal court might be outcome …

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