Monthly Archives: June 2018

Interesting Arguments in Fridman v. Bean LLC Briefs on Anti-SLAPP Special Motion To Dismiss

In February, I wrote about Fridman v. Bean LLC, where “three international businessmen” claim they were defamed by certain statements in one of the reports comprising the “Trump Dossier.” The defendants (Fusion GPS and Glenn Simpson, who allegedly retained Christopher Steele to research any Russian connections to Trump) filed an anti-SLAPP special motion to dismiss the suit. The plaintiffs have filed their opposition to the anti-SLAPP special motion to dismiss, and the defendants have filed their reply brief. Beyond the usual sparring over whether Mann means the statute can again apply in a federal court case, both briefs raise interesting …

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Third DC District Court Judge Reaffirms that DC anti-SLAPP Statute Inapplicable In Federal Court

Last April, a picture was taken of Cassandra Fairbanks and Mike Cernovich in the White House press room flashing an ok hand gesture. At the time, rumors circulated on the Internet that the ok hand gesture meant “white power.” So Emma Roller, a politics reporter, tweeted Fairbanks’ photo to her followers with the statement “just two people doing a white power hand gesture in the White House.” Roller then sent a second tweet in which she linked to an entry in the Anti-Defamation League Hate Symbols Database for White Power (hand sign). The ADL, however, then issued a press release …

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DC Federal Court Holds Anti-SLAPP Statute Does Not Apply in Federal Question Jurisdiction Case

In its Abbas decision, the DC Circuit held that, because it believed the standard contemplated by the DC anti-SLAPP statute conflicted with the standards required under Federal Rules of Civil Procedure 12 and 56, the statute could not apply in a federal court diversity case. Although the DC Court of Appeals in Mann then stated that “the standard to be employed by the court in deciding whether to grant the motion” “is substantively the same” as that under the Federal Rules, two DC federal district judges have nevertheless held the DC anti-SLAPP statute still cannot apply in a federal court …

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