Monthly Archives: May 2018
The suit filed by JAP Home Solutions against Jose Gallego (a journalist working for El Espanol) and other defendants produced a flurry of motions and cross motions, including special motions to dismiss under the DC anti-SLAPP act, 12(b)(6) motions, motions to strike, objections to motions, and a motion for targeted discovery. The Superior Court resolved most of these motions in a November 29, 2017 Opinion and Order. Now the dispute over attorneys’ fees is again generating a blizzard of paper.
For those hoping that, after the DC Court of Appeals’ Mann decision, DC federal district judges would again apply the DC anti-SLAPP statute in a diversity suit, as multiple judges had done before the DC Circuit’s Abbas decision, they are going to have to wait longer. A second DC federal district judge has now concluded that – despite Mann – the DC anti-SLAPP statute cannot apply in a DC federal court diversity case.
Last year, I blogged about the Wilkenfeld v. Steward Partners complaint filed in DC Superior Court, where Ari Wilkenfeld was asking the court to stop an arbitration from proceeding against him, because he believed the defamation claim therein was a SLAPP. I thought that Wilkenfeld would have a difficult time asking a Superior Court judge to use the DC anti-SLAPP statute to stop an arbitration. I was correct.