Tag Archives: 3M

Roundup on Pending Cases Involving the DC anti-SLAPP Statute

After a period of relative quiet, there has been a flurry of activity in the District of Columbia federal and state courts in cases involving the DC anti-SLAPP statute.  Here’s a summary of where the various cases stand:              •           Sherrod v. Breitbart:  The case drawing the most attention is the pending appeal in the United States Court of Appeals for the District of Columbia Circuit in Sherrod v. Breitbart.  There, the defendants/appellants have filed their opening brief; the District of Columbia has filed an amicus brief; Public Citizen and the American Civil Liberties Union of the Nation’s Capital have filed …

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DC federal court reiterates that anti-SLAPP statute inapplicable in federal court

While 3M and Lanny Davis were resolving their claims, the judge presiding over the district court portion of the case resurrected his February 2012 decision against another one of the defendants in that same case and held – again – that the DC anti-SLAPP statute does not apply in federal court.  

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Lanny Davis Drops High-Profile Appeal of Denial of Anti-SLAPP Motion

With apologies to Queen, another anti-SLAPP suit has bitten the dust.  Unlike the Lehan v. Fox Television Stations case, in which the defendants’ anti-SLAPP motion was granted, however, the high-profile squabble between 3M and Lanny Davis has ended because of a settlement. 

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Texas Addresses Whether Denial of Anti-SLAPP Motion Can Be Immediately Appealed

One of the main issues to be decided in the Sherrod and 3M appeals is whether there is a right to immediate appeal from the denial of an anti-SLAPP motion.  In urging the DC Circuit to summarily affirm the district court’s decision denying the anti-SLAPP motion, Ms. Sherrod argued that the statute did not provide a right to immediate review and that the appeal should be dismissed on that basis alone.  3M made a similar argument in moving to dismiss the Davis defendants’ appeal.  In response, the DC Circuit ordered, here and here, that “the motion to dismiss be referred to …

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Senator Kyl Proposes a Federal anti-SLAPP Statute

While we wait for the opening briefs in the Sherrod and Davis appeals, on August 2, Senator Jon Kyl (R-ARIZ), introduced the Free Press Act of 2012 which, if enacted, would create a federal anti-SLAPP statute.  As explained by the First Amendment Center, “[u]nder the measure, the media could file a motion to dismiss a lawsuit that ‘arises in whole or in part’ from reporting ‘on a matter of public concern or that relates to a public official or figure.’” 

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Media Want to Weigh In on Sherrod and Davis Appeals

A group of leading news organizations and a related professional organization have asked the DC Circuit for leave to file an amicus brief in support of the appellants in Sherrod v. Breitbart and 3M v. Davis.  Their motion explains that they “will argue that the District of Columbia Anti-SLAPP Act applies in federal court to diversity actions.”  While this issue will be briefed, at length, by the parties to the appeals, the media’s motion argues that they “bring substantial experience to bear on the issues presented here – not simply in terms of legal expertise, but also in terms of …

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Update on Dean v. NBC Cases

It has been a few weeks since I checked in on the Dean v. NBC cases.  As you may recall, after significant briefing on the anti-SLAPP statute in the Superior Court, the plaintiffs voluntarily dismissed their suit there because they had refiled it in federal court (where Judge Wilkins and Judge Leon had held (here and here) that the anti-SLAPP statute was inapplicable).

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DC Circuit Denies Sherrod Motion for Summary Affirmance

On the same day that the DC Circuit denied the motion to consolidate the appeal in 3M v. Davis with Sherrod v. Breitbart, it also denied Ms. Sherrod’s motion for summary affirmance, explaining that “[t]he merits of the parties’ positions are not so clear as to warrant summary action.”  The day was not a total loss for Ms. Sherrod, however, as the Court ordered that “the motion to dismiss be referred to the merits panel to which this case is assigned.”  Finally, while the motion to consolidate was denied, the Court has scheduled both cases for argument on the same …

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DC Circuit Denies Motion to Consolidate Sherrod v. Breitbart and 3M v. Davis appeals

This morning, the DC Circuit denied the motion to consolidate filed by the appellants in 3M v. Davis.  The per curiam order was issued by Judges Tatel, Garland and Brown.  As a result of the order, the two cases will proceed independently, according to the briefing schedule in each.  Of course, a third case is also pending in the DC Circuit: the appeal of the district court’s decision in Dean v. Esquire which granted the defendants’ anti-SLAPP motion.

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Farah Lawyer Calls Adverse Decision “Significantly Flawed and Intellectually Dishonest” and Files Appeal to DC Circuit

As I predicted last week, the plaintiff in Farah v. Esquire has quickly appealed an adverse decision to the DC Circuit, where it joins the appeals filed by the defendants in Sherrod v. Breitbart and 3M v. Davis. In those cases, however, the defendants appealed the district court’s denial of their anti-SLAPP motions whereas here the defendants’ anti-SLAPP motion was granted. And, in those cases, the plaintiffs have moved to dismiss the appeals, here and here. After the adverse decision, Farah’s lawyer, Larry Klayman, was quoted as calling the decision “significantly flawed and intellectually dishonest” and “so poorly reasoned it …

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