Tag Archives: Home Rule

Maddow Defendants File Reply Brief in Support of Anti-SLAPP Motion

Rachel Maddow and the related NBC defendants today filed their reply brief in support of their anti-SLAPP motion. After initially arguing that the plaintiffs’ opposition had failed to respond to the majority of their arguments, they address the two attacks on the statute – that it violates the Home Rule and is inapplicable in federal court. Defendants first argue that the Home Rule and its legislative history “are devoid of any indication that Congress intended to prohibit the Council from enacting legislation that conferred substantive rights on defendants that are targeted with meritless litigation as a result of speaking on …

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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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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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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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District of Columbia and Defendants File Response to 3M’s Motion to Strike Anti-SLAPP Motion

Both the District of Columbia and the Davis defendants today filed briefs in response to the motion to strike filed by the plaintiff in the 3M v. Boulter case last month. The District of Columbia’s brief responds directly to the Home Rule and Erie arguments made by the plaintiff in its motion to strike the anti-SLAPP motion filed by the Davis defendants. The brief explains that, in the District of Columbia, legislation is subject to review by Congress, so that the Court must be especially cautious and deferential in assessing its validity. It argues that the provision relied upon by …

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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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DC Attorney General Intervenes in 3M Suit

As I predicted earlier this week, the 3M plaintiff’s attack on the constitutionality of the anti-SLAPP statute, in response to an anti-SLAPP motion filed by some of the defendants in that case, has prompted the DC Attorney General to move to intervene in the case for the purpose of defending the statute. The law strongly supports granting the DC Attorney General’s motion to intervene, and I anticipate that the Court will grant its motion.

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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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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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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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