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Superior Court Suit Alleges Arbitration Claim Is a SLAPP

If a person believes that a defamation claim being asserted against him in a pending arbitration is a SLAPP, can he ask the Superior Court to issue a declaration and an order stopping the claim from being pursued? A new complaint in DC Superior Court asks for exactly that relief.

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Is There a “Classic” SLAPP Case?

One of the interesting things about the Doe v. Burke II appeal is the Superior Court’s reasoning that, although the complaint was dismissed under the DC anti-SLAPP statute, no attorneys’ fees were warranted because the case was not a “classic” SLAPP.  The decision struck me as interesting because numerous movants have argued that their case is a “classic” or “typical” SLAPP.  As I explain below, while every movant undoubtedly would like to argue that its case presents a “classic” SLAPP, routinely doing so has the potential to distract the court and could result in legitimate anti-SLAPP motions being denied because the court …


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“The Waiting Is the Hardest Part”

As we approach the fourth anniversary of the date the DC anti-SLAPP statute became effective, parties in several high-profile cases know exactly what Tom Petty & The Heartbreakers meant when they sang that “the waiting is the hardest part.”  As I write, they wait for decisions in cases that have the potential to significantly – and materially – alter the DC legal landscape. 

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David v. Goliath in DC Superior Court

A “David versus Goliath” battle is playing out in the DC Superior Court, with the DC anti-SLAPP statute in the role of the slingshot.

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