Abbas v. Foreign Policy Group, et al., No. 12-cv-01565 (DC Federal Court)
Importance: The DC federal district court expressly held that the DC anti-SLAPP statute applies in federal court.
Summary: Abbas sued the Foreign Policy Group and its contributor, alleging that an article falsely suggested that he was profiting from his father, the Palestinian president. The DC federal court granted defendants’ anti-SLAPP motion, holding that the anti-SLAPP statute applies in federal court. On the merits, the court held that Abbas was not likely to prevail on the merits because the challenged statements were rhetorical questions, and not assertions of fact; were protected opinion; were protected by the fair report privilege; and were not of or concerning Abbas.
Relevant Pleadings:
- Abbas Complaint filed in DC Federal Court (filed September 20, 2012)
- Defendants anti-SLAPP brief (filed November 5, 2012)
- Abbas opposition brief (filed December 10, 2012)
- District of Columbia amicus brief in district court (filed December 22, 2012)
- Defendants reply brief (filed December 31, 2012)
- District Court Opinion granting anti-SLAPP motion (filed September 27, 2013)
- Abbas DC Circuit opening brief (filed February 24, 2014)
- Defendants DC Circuit opposition brief (dated March 26, 2014)
- District of Columbia amicus brief in DC Circuit (filed April 2, 2014)
- Media amicus brief in DC Circuit (filed April 2, 2014)
- Abbas DC Circuit reply brief (dated April 9, 2014)
Blog Posts:
- Another judge to decide if anti-SLAPP statute applies in federal court (posted November 15, 2012)
- Roundup on Pending Cases Involving the DC anti-SLAPP Statute (posted November 28, 2012)
- Abbas Suit Focuses On Whether DC anti-SLAPP Statute Can Be Used in Federal Court (posted January 10, 2013)
- Another DC federal judge applies DC anti-SLAPP statute in federal court (posted October 23, 2013)
- Abbas Appeal Will Likely Force DC Circuit To Decide Erie Issue (posted February 26, 2014)
- Could the DC Circuit Decide the Abbas Appeal While Avoiding the “Erie” Issue? (posted June 17, 2014)
- Abbas v. Foreign Policy Group DC Circuit Panel (posted October 15, 2014)
- Reflections on the Abbas v. Foreign Policy Group Argument (posted October 31, 2014)
