Tag Archives: discovery

Another judge to decide if anti-SLAPP statute applies in federal court

In response to a libel complaint filed by Yasser Abbas, one of the sons of Mahmoud Abbas, the Palestinian President, the defendants have filed an anti-SLAPP motion and a separate motion to dismiss the complaint for failure to state a claim.  (The law firm representing Schanzer is the same one that filed an anti-SLAPP motion on behalf of the City Paper in response to the suit brought by Dan Snyder.  Snyder ultimately dismissed his suit before the court ruled on the anti-SLAPP motion). 

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Davis Defendants’ Reply Brief Asserts That Court Must Grant Anti-SLAPP Motion

The Davis defendants today filed their reply brief in support of their motion to dismiss the 3M Complaint. The reply brief directly responds to 3M’s argument that the anti-SLAPP statute is not applicable because the speech at issue did not concern a matter of “public concern,” but was instead directed primarily toward a private commercial interest. According to the Davis defendants, 3M’s argument fails because it never identified any commercial interest of Davis toward which the statements were directed and because, in the view of the Davis defendants, the statements “on their face involved matters of public interest as defined …

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3M Maintains Anti-SLAPP Statute Violates Home Rule in Additional Filings

The trend of copious filings in the 3M v. Boulter case continued today with the plaintiff filing two briefs – a 25-reply brief in support of its motion to strike the anti-SLAPP motion filed by the Davis defendants and a 45-page opposition to the Davis defendants’ anti-SLAPP motion – and a “joinder” motion by other defendants in the same case, joining the Davis defendants’ anti-SLAPP motion. In its reply brief, 3M continues its argument that the statute violates the Home Rule act, which prohibits the DC Council from enacting any law “with respect to” Title 11 of the DC Code. …

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Judge overseing 3M v. Boulter suit orders 3M to file “substantive response” to anti-SLAPP Motion

The judge presiding over the 3M v. Boulter case today issued an order denying the 3M cross-motion for discovery and ordering it to file a “substantive response” to the anti-SLAPP motion filed by the Davis defendants. The Order states that, “[i]f in opposing the Special Motion, Plaintiff contends that the Court should not grant the Special Motion without allowing Plaintiff the opportunity to take discovery, Plaintiff must set forth with particularity and specify precisely what targeted topics and/or categories of discovery it needs to defeat the Special Motion, as well as what that discovery will likely show.” Under the DC …

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3M Moves to Strike Anti-SLAPP Motion on Basis That Statute Is Not Applicable In Federal Court

The plaintiff in the 3M v. Boulter case today moved to strike the anti-SLAPP motion filed by the Davis defendants earlier this month. The brief argues that the District of Columbia Council lacked authority to pass the anti-SLAPP statute. Nearly half of the 45-page brief contains a recitation of the facts, citing to the complaint and supplementing with additional information. After this lengthy factual section, 3M argues that the DC Council lacks authority to enact any act, resolution, or rule regarding the state or federal courts in the District of Columbia under the Home Rule Act. It argues that the anti-SLAPP statute modifies …

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