Tag Archives: newmyer
The DC anti-SLAPP statute has been invoked in a Superior Court lawsuit in which plaintiffs arguing that students need to be free from disruptions in the school environment are facing off against anti-abortion protestors.
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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I have learned that, last month, the DC Court of Appeals dismissed the appeal of an order denying an anti-SLAPP motion. The court held that there was no interlocutory review under the statute and that the order was not appealable under the Cohen collateral order doctrine. This order, and other rulings in the same suit, could have major ramifications for the Sherrod v. Breitbart appeal and the other pending anti-SLAPP motions.