Author Archives: Leslie Machado

Leslie Machado

About: Leslie Machado

Mr. Machado counsels and advises a diverse range of clients on various areas of law. He is also an experienced litigator, having tried cases to verdict in state and federal courts.

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.

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Russian Oligarch Spars With Associated Press Over Whether DC Anti-SLAPP Statute Applies in Federal Court

Last month, Oleg Deripaska filed his response to the Associated Press’ anti-SLAPP special motion to dismiss. His brief argues that the Court should deny the Associated Press’ motion for multiple reasons. I discuss each below. 

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Appeal Held Moot and Dismissed By Court of Appeals

Last June, I wrote about the non-party subpoena served on the Competitive Enterprise Institute, and the anti-SLAPP motion to dismiss the CEI filed in response. In that post, I mentioned an earlier case where subpoenas were served on two non-parties in the District of Columbia; they responded by filing anti-SLAPP motions to dismiss; the Superior Court denied those motions; and the movants appealed the denial to the Court of Appeals, which stayed the case until resolution of the then-pending Mann appeal. The Court of Appeals has now disposed of that appeal.

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Associated Press Files Anti-SLAPP Motion in DC Federal Court Diversity Case

In January, I wrote about the DC Court of Appeals’ then-recent Mann decision, and specifically about the Court’s response to the DC Circuit’s Abbas decision, which held that the DC anti-SLAPP statute could not apply in a federal court diversity case: According to the Mann court, part of the Abbas court’s reasoning was that the burden imposed by the DC anti-SLAPP statute was materially different from the burden imposed by Fed. R. Civ. P. 56. The Mann court now expressly holds that the burdens are the same, and then states that “[t]his court’s interpretation of the standard applicable to the …

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Are Anti-SLAPP Statutes The Elephant In the Room?

Last year, I noted that several judges around the country were expressing concern that state anti-SLAPP statutes were being applied to cases that did not appear intended to “chill” legitimate speech. For example, a Texas state appellate judge, in a section of his concurring opinion titled “The ‘Elephant In the Room,’” lamented the breadth of the Texas anti-SLAPP statute and that it was being used to dismiss suits that were not actual Strategic Lawsuits Against Public Participation: while the TCPA might indeed capture some “legal actions” that are truly SLAPPs as conventionally understood, the vastness of the range of “legal …

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Superior Court Suit Alleges Arbitration Claim Is a SLAPP

If a person believes that a defamation claim being asserted against him in a pending arbitration is a SLAPP, can he ask the Superior Court to issue a declaration and an order stopping the claim from being pursued? A new complaint in DC Superior Court asks for exactly that relief.

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Superior Court Grants Trade Association’s anti-SLAPP motion

Last October, I wrote about the Personal Care Products Council’s interesting anti-SLAPP motion, filed in a DC Superior Court case. There, the plaintiff (Simpson) alleged that she developed ovarian cancer by using talcum powder. In addition to suing talc manufacturers and suppliers, she sued PCPC, alleging that it submitted information to governmental agencies about talc’s safety that was “biased” and was part of a campaign to “prevent the regulation of talc and to mislead the consuming public about the true hazards of talc.” Earlier this year, the Superior Court granted PCPC’s anti-SLAPP special motion to dismiss in an oral ruling from …

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Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

For the third time in the past five years, a court has applied the DC anti-SLAPP statute to dismiss a defamation suit brought by a foreign official.

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Three Takeaways from the DC Court of Appeals’ Mann Decision

There have been numerous articles about the long-awaited DC Court of Appeals’ opinion in Michael Mann’s libel suit against the National Review and Competitive Enterprise Institute, including in the Washington Post, Buzzfeed, Inside Higher Education, and National Review.  While there is much to analyze, consider and discuss in the 105-page opinion, as it relates to the DC anti-SLAPP statute, there are three specific takeaways.

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National Roundup of Important Anti-SLAPP Appeals

After the DC Circuit issued its decision in Abbas v. Foreign Policy Group last year, holding that the DC anti-SLAPP statute does not apply in a federal court diversity case (and disagreeing with every other federal appellate court to decide the issue of whether a state anti-SLAPP statute applies in federal court), I’ve been watching to see if Abbas was an outlier, or the beginning of a trend.  The next few months should go a long way towards giving us that answer.  Here’s why.

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