Tag Archives: dc

DC Court of Appeals Affirms February 2012 Denial of Anti-SLAPP Motion in Newmyer v. Huntington

Waaaaaaay back in early 2012, after a defendant (Huntington) filed a counterclaim against a plaintiff (Newmyer) for defamation, false light and related torts, Newmyer responded by filing an anti-SLAPP motion (you can read more about the case here).  Newmyer’s anti-SLAPP motion was denied by the Superior Court judge, who found that it was filed too late (although he stated that, if he believed the counterclaim was a true SLAPP, “the court might very well conclude that the ameliorative purpose of the Act requires a more flexible interpretation of the forty-five day framework”). The Superior Court did not need to wrestle …

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Superior Court Judge Grants District of Columbia’s anti-SLAPP Motion against Former Employee

Last week, another DC Superior Court judge granted an anti-SLAPP motion.  This motion was filed by the District of Columbia in response to a defamation/related torts lawsuit brought by a former employee: Eric Payne.  (For prior discussions on this suit, see this post discussing the DC opening brief; this post discussing Payne’s opposition brief; and this post discussing DC’s reply brief).  You can also find news stories about the lawsuit here and here, and an editorial that is critical of DC’s anti-SLAPP motion here). This is the second anti-SLAPP motion that has been granted by a DC Superior Court judge, …

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What are “private” vs “public” interests under DC anti-SLAPP statute?

We should get more insight into the answer to that question after the DC Superior Court rules in the pending case of Campbell v. CGI Group, Inc. because, after attending last Thursday’s oral argument, that is the issue on which the anti-SLAPP motion filed by Compass Solutions will turn.  A quick reminder on how we got here.  According to the Complaint filed by Campbell, Compass allegedly contacted her supervisor and stated that she was engaging in improper and unethical conduct, which led to her termination.  Campbell alleged that the true purpose of the communication was to remove her from her position (the Chief Operating Officer for the …

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Sherrod v. Breitbart Appeal Ready for Oral Argument

The Sherrod v. Brietbart appeal is now fully briefed (opening brief here, opposition brief here, and reply brief here) and ready for the oral argument, scheduled for March 15, 2013.  (The case has also attracted amicus briefs, including from the District of Columbia, the ACLU and Public Citizen, and a host of news organizations).  The threshold question in Sherrod is whether the denial of an anti-SLAPP motion is immediately appealable under the collateral order doctrine of Cohen v. Beneficial Loan Corp.  (The DC Court of Appeals recently held that it was not).  Under Cohen, the appellants must show that the …

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Eric Payne Responds to District of Columbia’s anti-SLAPP Motion

Eric Payne, the former contracting director of the Office of the Chief Financial Officer, has filed his opposition to the anti-SLAPP motion filed by the District of Columbia and his former boss, Natwar Gandhi. Unlike Dan Snyder and Bradlee Dean, who responded to anti-SLAPP motions by arguing that the SLAPP statute violated the Home Rule (here and here), Payne’s opposition does not attack the statute’s constitutionality.  Instead, Payne argues that the statute should not apply because he is not a well-heeled individual aiming to punish a private person, which, he argues, was the purpose of the statute.  While Payne’s description …

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