Tag Archives: opposition

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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Davis Defendants and District of Columbia Contend Appeal Is Appropriate Under Collateral Order Doctrine

Both the Davis defendants and the District of Columbia today filed oppositions to the motion to dismiss their appeals filed by 3M earlier this month. As you might expect, both argue that the appeal is appropriate under the collateral order doctrine. The Davis defendants first directly contest 3M’s position that the decision could be reviewed after the case was over. Pointing to numerous decisions holding that anti-SLAPP statutes provide immunity from suit from meritless suits, they argue that 3M’s position, if accepted, would force defendants to shoulder the burden of meritless lawsuits through discovery and, perhaps, trial – which is exactly …

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3M Also Opposes Consolidation With Sherrod v. Breitbart Appeal

Today, 3M filed its opposition to the motion to consolidate filed by the Davis defendants in the 3M v. Boulter appeal. Yesterday, of course, Ms. Sherrod filed her opposition to that same motion, which sought to consolidate 3M v. Boulter with Sherrod v. Breitbart. Like the Sherrod opposition, 3M’s opposition argues that the two cases are not sufficiently similar to warrant consolidation. It also emphasizes, as did Ms. Sherrod’s opposition, that the 3M appeal involves the singular Erie issue, while the Sherrod appeal involves Erie, timeliness and retroactivity, so that the Sherrod appeal could be resolved on grounds that are inapplicable (and …

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Sherrod Opposing Consolidation With Davis in DC Circuit

Ms. Sherrod today strenuously objected to the Davis defendants motion to consolidate their appeal in 3M v. Boulter with Sherrod v. Breitbart. According to Ms. Sherrod, appeals are generally consolidated if they arise from the same proceeding or district court judgment/order. While acknowledging that the DC Circuit Handbook provides that cases may be consolidated if they involve “similar or related issues,” she argues that this requires the issues to “overlap” or, at a minimum, for common issues to “predominate.” Pivoting off this point, she argues that consolidation is inappropriate because the two appeals “arise from different judges and different orders, and [] …

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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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Farah v. Esquire Plaintiffs Raise Variety of Arguments in Response to Anti-SLAPP Motion

The plaintiffs in the Farah v. Esquire 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. The plaintiffs’ primary argument is that the subject of the blog posting was not, as the defendants maintain, an issue of public interest, but was instead motivated by “a desire to harm Plaintiffs commercially as well as their reputations.” According to the plaintiffs, “the substance giving rise to Plaintiffs’ claims are commercial issues and not a matter of public interest” that fall outside the scope of the statute. The plaintiffs next …

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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 …

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Dan Snyder Challenges Constitutionality of DC Anti-SLAPP Statute In Response to Motion By City Paper

Today, Dan Snyder filed his opposition to the motion filed by the City Paper and Dave McKenna under DC anti-SLAPP statute. Snyder’s opposition argues that the anti-SLAPP statute is unconstitutional because, under DC’s Home Rule, the DC Council has no authority to legislate in areas concerning the DC courts. The opposition argues that, because the anti-SLAPP statute materially changes the procedural rules in DC courts (by, for example, staying discovery pending the resolution of the anti-SLAPP motion), it violates DC’s Home Rule and, as a result, is unconstitutional. The anti-SLAPP statute’s legislative history notes that “Attorney General for the District of Columbia, …

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Sherrod Plaintiff Asserts Anti-SLAPP Statute Cannot Be Applied Retroactively and In Federal Court

The plaintiff  today filed her opposition to the anti-SLAPP motion filed by the defendants last month in the Sherrod v. Breitbart suit.  In it, as I predicted last month, she first argues that the statute has no application to her suit because it did not become effective until one and half months after her lawsuit was filed, and cannot be applied retroactively. According to the plaintiff, unless the statute is purely procedural (and she notes that the defendants have argued that it is not), or contains any indication that it was intended to have retroactive effect (which it does not, according …

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