Monthly Archives: March 2016

DC Court of Appeals Affirms February 2012 Denial of Anti-SLAPP Motion in Newmyer v. Huntington

Waaaaaaay back in early 2012, after a defendant (Huntington) filed a counterclaim against a plaintiff (Newmyer) for defamation, false light and related torts, Newmyer responded by filing an anti-SLAPP motion (you can read more about the case here).  Newmyer’s anti-SLAPP motion was denied by the Superior Court judge, who found that it was filed too late (although he stated that, if he believed the counterclaim was a true SLAPP, “the court might very well conclude that the ameliorative purpose of the Act requires a more flexible interpretation of the forty-five day framework”). The Superior Court did not need to wrestle …

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DC’s Highest Court Holds Successful Anti-SLAPP Movant Is “Presumptively” Entitled to Attorneys’ Fees

Here are my three takeaways from yesterday’s DC Court of Appeals’ decision, holding that a successful movant under the DC anti-SLAPP statute “is entitled to reasonable attorney’s fees in the ordinary course – i.e., presumptively – unless special circumstances in the case make a fee award unjust,” and reversing a Superior Court decision which refused to award fees to a successful movant.  (You can read my prior blog post on this appeal here).

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Second Circuit Decision Creates Circuit Split and Could Impact Pending DC Appeal

An important decision issued by the Second Circuit last week adds to the growing dissonance among the federal circuits on anti-SLAPP motions.  The ruling could impact a case pending before the DC Court of Appeals, and creates another circuit split that will ultimately need to be resolved by the Supreme Court.

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