Tag Archives: DC Circuit
What’s the Impact of the DC Circuit’s Abbas Decision?
The DC Circuit’s Abbas decision, holding that the DC anti-SLAPP statute does not apply in a federal court diversity case, is beginning to have real-world consequences for litigants in the District of Columbia. Since the April 2015 decision, at least two libel cases have been filed in DC federal court. In both cases, the defendants are not able to move under the DC anti-SLAPP statute. And for defendants sued in DC Superior Court – who are able to remove the case to federal court because of diversity jurisdiction – the Abbas decision leaves them with a difficult decision. Since the …
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Forras Case Finally Reaches DC Circuit
After a brief – and unsuccessful – return to the federal district court, the appellants in the Forras v. Rauf case (Vincent Forras and Larry Klayman) have filed their opening brief in the DC Circuit.
Reflections on the Abbas v. Foreign Policy Group Argument
I attended the Abbas v. Foreign Policy Group argument at the DC Circuit last week. (You can listen to the argument here). Here are my impressions. I agree with Politico that it seems unlikely that the Circuit will reverse the district court’s dismissal of the complaint as none of the three members of the panel quarreled with the district court’s reasoning. Rather, the central question in the appeal now appears to be whether the DC Circuit needs to conclusively decide whether the DC anti-SLAPP statute applies in federal court (the “Erie” issue) or whether it could sidestep that issue and …
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Abbas v. Foreign Policy Group DC Circuit Panel
The DC Circuit has announced that the Abbas v. Foreign Policy Group appeal will be heard on October 20, 2014 before Circuit Judges Kavanaugh, Srinivasan, and Senior Circuit Judge Edwards. For the background facts giving rise to the case, the proceedings in the district court and the issues on appeal, see my posts here, here, here, here, and here. For now, however, I thought I would take a quick look at prior defamation/libel/First Amendment decisions involving these judges.
Three Takeaways from the DC Circuit’s Farah v. Esquire Decision
The DC Circuit’s decision in Farah v. Esquire Magazine turned out to be a dud from an anti-SLAPP perspective. The court affirmed the district court’s dismissal of Farah’s Complaint, but did so under Rule 12(b)(6), thus mooting any consideration of arguments made under the DC anti-SLAPP act. The opinion is not a great surprise. In its brief to the DC Circuit, Esquire suggested that, because the Complaint was also dismissed under Rule 12(b)(6), the district court’s decision could be affirmed on this alternative basis. And the questions at oral argument (link here) did not focus on the anti-SLAPP act. Nevertheless, …
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Farah v. Esquire: a Primer
I have previously blogged about the panel that will be hearing the Farah v. Esquire appeal on October 3. Here’s a brief summary on the relevant background facts, the proceedings in the district court and the pertinent issues on appeal.
