Tag Archives: order

What’s Going On With The Mann v. National Review Appeal?

In November 2014, this intrepid blogger trooped down to the DC Court of Appeals to watch the Mann v. National Review oral argument.  In my post, I wrote that the panel was likely to conclude that the denial of an anti-SLAPP motion to dismiss was immediately appealable (having already held, in Burke v. Doe I, that the denial of a special motion to quash under the DC anti-SLAPP statute was immediately appealable), and that the tougher question would be how to apply the “likely to succeed” standard at the motion stage.

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Will DC Court of Appeals’ Decision Impact Sherrod Appeal?

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.  

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DC Circuit Denies Sherrod Motion for Summary Affirmance

On the same day that the DC Circuit denied the motion to consolidate the appeal in 3M v. Davis with Sherrod v. Breitbart, it also denied Ms. Sherrod’s motion for summary affirmance, explaining that “[t]he merits of the parties’ positions are not so clear as to warrant summary action.”  The day was not a total loss for Ms. Sherrod, however, as the Court ordered that “the motion to dismiss be referred to the merits panel to which this case is assigned.”  Finally, while the motion to consolidate was denied, the Court has scheduled both cases for argument on the same …

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DC Circuit Denies Motion to Consolidate Sherrod v. Breitbart and 3M v. Davis appeals

This morning, the DC Circuit denied the motion to consolidate filed by the appellants in 3M v. Davis.  The per curiam order was issued by Judges Tatel, Garland and Brown.  As a result of the order, the two cases will proceed independently, according to the briefing schedule in each.  Of course, a third case is also pending in the DC Circuit: the appeal of the district court’s decision in Dean v. Esquire which granted the defendants’ anti-SLAPP motion.

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Federal Court Grants Anti-SLAPP Motion in Farah v. Esquire Case

Judge Collyer today became the first federal court judge to grant an anti-SLAPP motion in federal court. Previously, Judge Leon denied an anti-SLAPP motion filed in Sherrod v. Breitbart and Judge Wilkins denied an anti-SLAPP motion filed in 3M v. Boulter. (Of course, Judge King of the DC Superior Court granted an anti-SLAPP motion in Lehan v. Fox). The Farah opinion explains that the anti-SLAPP statute “‘incorporates substantive rights with regard to a defendant’s ability to fend off lawsuits filed by one side of a political or public policy debate aimed to punish the opponent or prevent the expression of …

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Federal Judge Stays Duplicative Dean v. NBC Action Until Resolution of Parallel Superior Court Case

Judge Leon today stayed the federal court case captioned Dean v. NBC until the previously-filed and pending Superior Court action between the same parties is resolved.  The Court’s order reads: MINUTE ORDER granting nunc pro tunc 2 Defendants’ Motion to Stay or, in the Alternative, for an Order Extending Time to Answer or Respond to the Complaint. It is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that this action is stayed pending final resolution of Dean v. NBC Universal et al., Case Number 2011 CA 006055 B, currently pending in the Superior Court of the …

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Sherrod Judge Issues “Statement of Reasons” Explaining Why He Denied Anti-SLAPP Motion

Judge Leon today issued a “Statement of Reasons” explaining why he denied an anti-SLAPP motion filed last year by the defendants in the Sherrod v. Breitbart lawsuit. The filing was in response to an order from the DC Circuit last week, which requested him to explain the basis for his minute order last year denying the anti-SLAPP motion. In the filing, Judge Leon explains that the motion was denied for three reasons. First, the lawsuit was filed six weeks before the statute became effective and there is no indication that it was intended to apply retroactively. The court accepts the …

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DC Circuit Requests Sherrod Judge To Explain Why He Denied Anti-SLAPP Motion

The DC Circuit today issued a per curiam order asking the judge who is presiding over the Sherrod v. Breitbart case, to explain why he denied an anti-SLAPP motion filed by the defendants. Last July, Judge Leon denied the motion in a minute order. Today, the DC Circuit ordered “on the court’s own motion, that the record be remanded to the district court for a statement of reasons for the denial of appellants’ motion to dismiss pursuant to the District of Columbia’s Anti-Strategic Lawsuits Against Public Participation statute, D.C. Code § 16-5502.” After the district court issues its statement of …

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DC Superior Court Grants Anti-SLAPP Motion Filed by Fox Television Against Lehan Plaintiff

The DC Superior Court today granted an anti-SLAPP motion made by the defendants in Lehan v. Fox. This is the first successful anti-SLAPP motion since the statute became effective earlier this year. (Although the Order appears to have been signed on November 30, it was filed today). While the Court did not issue an opinion, it made oral findings and conclusions, which it incorporated into its Order. Essentially, the Court held that the statute applied to the pending case because, as the defendants had argued in their reply brief, the “burden of proof on the plaintiff does not change [with …

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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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