Monthly Archives: November 2017
Judge Reaffirms That Anti-SLAPP Statute Does Not Apply in Federal Court
Last month, the judge presiding over the Deripaska v. Associated Press case granted the Associated Press’ Rule 12(b)(6) motion and dismissed the case. The Associated Press had filed a companion special motion to dismiss under the DC anti-SLAPP statute. The federal court issued a separate opinion, denying that motion. The federal district court agreed that, when the DC Court of Appeals has “spoken clearly and unmistakably as to the current state of D.C. law,” a federal court should follow that decision (e.g., Mann), even if it appears to be in conflict with a prior decision from the DC Circuit (e.g., …
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]A Torrent of Anti-SLAPP Motions in DC Federal Court Cases
After the DC Court of Appeals essentially invited a party to file an anti-SLAPP special motion to dismiss in a DC federal court diversity case, it took seven months for the Associated Press to accept the invitation. That motion apparently opened the floodgates, as three more parties have now filed anti-SLAPP motions in separate DC federal court cases.
Superior Court Judge Grants Anti-SLAPP Special Motion to Dismiss
For the second time in ten months, Superior Court Judge Steven Wellner has granted a special motion to dismiss under the DC anti-SLAPP statute. Here’s the background of this case.