Monthly Archives: February 2016
From the state “where the wind comes sweepin’ down the plain” comes an appellate decision that might seem familiar to readers of this blog.
As we approach the fifth anniversary of the date the DC anti-SLAPP statute became effective, recent decisions have me wondering if we are witnessing increased hostility against anti-SLAPP statutes nationwide?
One of the interesting things about the Doe v. Burke II appeal is the Superior Court’s reasoning that, although the complaint was dismissed under the DC anti-SLAPP statute, no attorneys’ fees were warranted because the case was not a “classic” SLAPP. The decision struck me as interesting because numerous movants have argued that their case is a “classic” or “typical” SLAPP. As I explain below, while every movant undoubtedly would like to argue that its case presents a “classic” SLAPP, routinely doing so has the potential to distract the court and could result in legitimate anti-SLAPP motions being denied because the court …
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