Tag Archives: Lehan

Lehan v. Fox Defendants Argue Anti-SLAPP Statute Applies to All Pending Suits in Reply Brief

The defendants in the Lehan v. Fox Television case today filed their reply brief in support of their anti-SLAPP motion. In response to Lehan’s primary argument that the statute cannot be applied “retroactively,” because it was passed after the allegedly defamatory story aired and substantively changed the burden for libel plaintiffs, defendants argue that: (a) retroactivity simply turns on whether the statute makes it harder for Lehan to win the lawsuit; (b) both before, and after, the passage of the anti-SLAPP statute, Lehan had the same burden (e.g., he needed to show a false statement, that was defamatory, made without …

[ CONTINUE READING ]

Posted in General \ Leave a comment

Lehan v. Fox Television Plaintiff Responds to Anti-SLAPP Motion by Arguing Retroactivity

The plaintiff in the Lehan v. Fox lawsuit has filed his opposition to the anti-SLAPP motion filed last month by the media defendants. Lehan’s primary argument is that the anti-SLAPP statute cannot be applied “retroactively,” because, by increasing a defamation plaintiff’s burden, it provides “substantive” rights. Lehan quotes from the statute’s legislative history to support his argument that it provides “substantive” rights. Lehan argues that, as such, the statute, which became effective in March 2011, cannot be applied to the case because the allegedly defamatory story was broadcast in January 2011 and a substantive change in the law cannot be applied retroactively, absent …

[ CONTINUE READING ]

Posted in General \ Leave a comment

Anti-SLAPP Statute Invoked By Fox Television Station

The recently-enacted DC anti-SLAPP statute has been invoked by another defendant. In Lehan v. Fox Television Stations, a case filed in DC Superior Court on June 10, 2011, the plaintiff alleges that he is a highly-regarded DC-firefighter who, “[b]ecause of his reliability and willingness to work overtime, and due to special events and homeland security policies within the District of Columbia, he was frequently offered overtime, which he accepted.” The complaint alleges that, on January 31, 2011, Fox News published a story about overtime incurred by DC firefighters and emergency medical personnel. It alleges that the story was inaccurate in its description …

[ CONTINUE READING ]

Posted in General \ Leave a comment