Tag Archives: Dean

Dean Argues that 3M Decision Controls Resolution of Maddow Anti-SLAPP Motion

Bradley Dean today filed his opposition to the anti-SLAPP motion filed by Rachel Maddow and others in response to his federal court action. Given that he expressly refiled his Superior Court case in federal court as part of a strategy to gain the benefit of Judge Wilkins’ decision in 3M v. Boulter, it comes as no surprise that his brief relies heavily on that decision. Dean also argues, as he had argued in the Superior Court, that that anti-SLAPP statute violates the Home Rule Act.  While the Home Rule argument has been made in several cases (see here, here, and here), …

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Maddow and NBC Move to Dismiss Second Dean Suit

Rachel Maddow and related NBC defendants today moved to dismiss the duplicative federal court suit filed by Dean and others. This second anti-SLAPP motion, necessitated because Dean is forum shopping in federal court instead of litigating his pending case in Superior Court, makes many of the arguments previously made by the defendants in the Superior Court action. Because the case is now pending in federal court, however, and in light of the opinion in 3M v. Boulter, the defendants argue that the anti-SLAPP statute clearly applies in federal court. They quote from Judge Leon’s “Statement of Reasons” in Sherrod v. …

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Maddow and NBC Defendants Move to Stay Second Dean Suit

Rachel Maddow and related NBC defendants today moved to stay the federal court lawsuit filed by Bradley Dean until an identical suit can be resolved in the Superior Court. As I previously explained, on February 21, Dean voluntarily moved to dismiss his Superior Court action, explaining that he intended to refile it in federal court “due to the Court’s recent decision in 3M v. Boulter, No. 11-cv-1527 (RLW).” True to his word, he filed his federal court complaint, which is virtually identical to his Superior Court complaint, on February 21. (The case was randomly assigned to Judge Leon, which is …

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Plaintiff in Dean v. NBC Case Engages in Blatant Forum Shopping

The Dean v. NBC Universal case took an odd turn today when the plaintiff filed a notice of voluntary dismissal without prejudice. According to the filing, “[t]he Complaint has been refiled in the U.S. District Court for the District of Columbia due to the Court’s recent decision in 3M v. Boulter, No. 11-cv-1527 (RLW).” The MSNBC defendants (Rachel Maddow, NBC and MSNBC) had previously moved to dismiss the suit, either because it failed to state a claim under Rule 12(b)(6) or under the DC anti-SLAPP statute. The plaintiffs had opposed that motion by attacking the constitutionality of the statute and …

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DC Attorney General Defends Constitutionality of Anti-SLAPP Statute in Dean v. NBC

The District of Columbia today filed its brief in support of the constitutionality of the anti-SLAPP statute and in response to the attack on that legislation by the plaintiffs in the Dean v. NBC Universal case two months ago. (The District of Columbia had previously sought permission to intervene in the Dean case for the purpose of defending the statute’s constitutionality, which the Court granted on December 13). Like the brief submitted by the DC Attorney General in the 3M v. Boulter case last month, the DC Attorney General’s brief in the Dean case argues that the plaintiffs are misreading the …

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DC Attorney General Moves To Intervene In Third Case To Defend Constitutionality of Anti-SLAPP Statute

The DC Attorney General today moved to intervene in the Dean v. NBC Universal case “solely for the limited purpose of presenting argument to defend the validity of the Anti-SLAPP Act of 2010, a statute enacted by the unanimous vote of the DC Council and signed by Mayor Gray that sat before Congress for the required period of review and took legal effect earlier this year.” This is the third suit in which the DC Attorney General has moved to intervene to defend the constitutionality of the statute. In August 2011, it moved to intervene in the Snyder suit. That …

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Dean v. NBC Defendants Argue Statute is Constitutional and Does Not Violate Home Rule

On the same day the plaintiff in the 3M v. Boulter moved to strike the anti-SLAPP motion filed by the Davis defendants on the basis that the statute violates the DC Home Rule, the defendants in the Dean v. NBC Universal case filed their reply brief, responding to the same argument in the plaintiffs’ opposition. According to the defendants, the opposition brief does not respond to the arguments made by the defendants in their opening brief, but instead distorts and mischaracterizes the relevant facts. While the plaintiff repeatedly argued that Maddow failed to include “material quotes” from Dean’s statement, the …

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Another Plaintiff Attacks Constitutionality of DC Anti-SLAPP Statute

The plaintiffs in the Dean v. NBC Universal suit today filed their opposition to the motion filed by the defendants last month which sought dismissal, in part, under DC’s anti-SLAPP statute. As I predicted last month, the plaintiffs’ primary argument is that the statute violates the DC Home Rule. This argument was first made by Dan Snyder in his opposition to the anti-SLAPP motion filed by the City Paper and its reporter. It was later obliquely adopted by the plaintiff in the Farah v. Esquire case. When Snyder made the argument, the DC Attorney General promptly moved to intervene in …

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NBC, MSNBC and Rachel Maddow Invoke Anti-SLAPP Statute in DC Superior Court Action

The DC anti-SLAPP statute has been invoked in another case: Dean v. NBC Universal.  There, NBC, MSNBC and Rachel Maddow moved today to dismiss the suit under the anti-SLAPP statute or for failure to state a claim In the complaint, filed July 27 in DC Superior Court, the plaintiff alleges that he is “a renowned and accomplished hard metal rocker who came to Jesus Christ” and has “founded a non-profit foundation” (which is also a plaintiff) whose “mission is to restore Judeo-Christian and family values to society and for posterity, particularly by positively influencing the nation’s youth.” The complaint alleges …

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