Category Archives: General

Update on Two Cases Where Anti-SLAPP Special Motions to Dismiss Have Been Filed

In January, I wrote about anti-SLAPP special motions to dismiss filed by the Trump Campaign and Roger Stone in response to a DC federal court suit alleging they “entered into an agreement with other parties, including agents of Russia and WikiLeaks, to have information stolen from the DNC publicly disseminated in a strategic way that would benefit the campaign to elect Mr. Trump as President.”

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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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Attorneys Fees Motion Spawns Second Dispute

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.

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Another Judge Refuses To Apply Anti-SLAPP Statute In Federal Court Diversity Case

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.

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Superior Court Dismisses Anti-SLAPP Complaint Aimed at Arbitration

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.

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Robo-Team Complaint Dismissed For Lack of Personal Jurisdiction

Last November, I blogged about Robo-Team NA, Inc. v. Endeavor Robotics, where Robo-Team alleged that a competitor (Endeavor) spread a false rumor that the Chinese government controlled Robo-Team, and used it to steal military technology from the United States. Robo-Team sued Endeavor and its lobbying firm (Sachem) for defamation, tortious interference with contactual and other business relationships, civil conspiracy, and unfair competition. Both defendants filed anti-SLAPP special motions to dismiss (along with “traditional” motions to dismiss). I thought a decision might offer a glimpse into whether the DC anti-SLAPP statute was applicable in a federal court diversity case and/or the …

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When Does a Party “Prevail” Under the DC Anti-SLAPP Statute

When I last wrote about the Jacobson v. Clack case, Jacobson had voluntarily dismissed the suit (two days after a hearing on the defendants’ anti-SLAPP motion, but before the Superior Court ruled on the motion). I wondered if the defendants would move to recover their fees. Well, wonder no more.

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Investigative Report At Center of Alleged SLAPP

An interesting case is playing out in DC Superior Court. The plaintiffs allege, in a 103-page, 535-paragraph complaint, that they were defamed and cast in a false light in a 541-page report that was commissioned by the American Psychological Association, and prepared by the international law firm Sidley & Austin and its partner, David Hoffman, all of whom are defendants in the case.

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