Burke v. Does 1-10

Burke v. Does 1-10, No. 2012-ca-7525 (DC Superior Court)

Importance: In the first case involving a special motion to quash under the DC anti-SLAPP statute, the DC Court of Appeals held that the denial of a special motion to quash is immediately appealable.

Summary: Burke alleged that two Wikipedia editors defamed her by editing her Wikipedia profile to state that she had engaged in prosecutorial misconduct, and sought to discover their identities. One of the editors filed a special motion to quash the subpoena in order to remain anonymous. The DC Superior Court denied the motion.

On appeal, the DC Court of Appeals held: (a) the denial of a special motion to quash under the DC anti-SLAPP statute was immediately appealable under the collateral order doctrine; and (b) the special motion to quash should have been granted because the lawsuit arose from speech within the statute’s scope and Burke had not demonstrated a likelihood of success on the merits because she could not show that the defendant made the edits with actual malice.

Relevant Pleadings:

Blog Posts:

 

 

Leave a Reply