Newmyer v. Huntington, Case No. 2011-ca-3727 (DC Superior Court)
Importance: In an issue of first impression, the DC Court of Appeals held that the denial of an anti-SLAPP motion was not immediately appealable.
That ruling was subsequently diluted by the DC Court of Appeals’ Burke v. Doe decision, in which the court held that the denial of a motion to quash under the anti-SLAPP statute was immediately appealable.
Summary: The DC Superior Court denied an anti-SLAPP motion filed by Newmyer on the basis that it was filed too late and that there was no evidence that the lawsuit was brought for an improper purpose. Newmyer appealed the denial of his anti-SLAPP motion to the DC Court of Appeals. Huntington argued that the appeal was improper. The DC Court of Appeals agreed and dismissed it, holding that “[t]he subject order is not appealable under the collateral order doctrine . . . and the District’s anti-SLAPP statute does not provide for interlocutory review. . .”.
Relevant Pleadings:
- Newymer Complaint filed in DC Superior Court (filed May 12, 2011)
- Huntington Counterclaim (filed December 30, 2011)
- Newmyer anti-SLAPP brief (filed February 29, 2012)
- Huntington opposition brief (filed April 4, 2012)
- Newmyer reply brief in support of its anti-SLAPP motion (filed April 12, 2012)
- Huntington sur-reply brief (filed April 30, 2012)
- Superior Court Order denying anti-SLAPP motion (filed May 22, 2012)
- Huntington motion to dismiss appeal (filed June 3, 2012)
- Newmyer opposition to Huntington motion to dismiss appeal (filed July 16, 2012)
- DC Court of Appeals order dismissing appeal (filed December 3, 2012)
Blog Posts:
- Will DC Court of Appeals’ Decision Impact Sherrod Appeal? (posted January 16, 2013)
