Tag Archives: timeliness
DC Court of Appeals Affirms February 2012 Denial of Anti-SLAPP Motion in Newmyer v. Huntington
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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Sherrod v. Breitbart Appeal Ready for Oral Argument
The Sherrod v. Brietbart appeal is now fully briefed (opening brief here, opposition brief here, and reply brief here) and ready for the oral argument, scheduled for March 15, 2013. (The case has also attracted amicus briefs, including from the District of Columbia, the ACLU and Public Citizen, and a host of news organizations). The threshold question in Sherrod is whether the denial of an anti-SLAPP motion is immediately appealable under the collateral order doctrine of Cohen v. Beneficial Loan Corp. (The DC Court of Appeals recently held that it was not). Under Cohen, the appellants must show that the …
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Can District of Columbia Use Anti-SLAPP Statute Against Defamation Suit?
According to the Washington Post, attorneys representing the District of Columbia, the DC Attorney General and DC Chief Financial Officer Natwar Gandhi have informed the DC Superior Court that they intend to file an anti-SLAPP motion in response to a defamation suit brought by Eric Payne, Gandhi’s former contracting director. The complaint, filed July 30, 2012, alleges that, on June 11, 2012, Gandhi wrote in an email to a reporter that Payne was terminated because of his “poor performance.” It alleges that this “false, derogatory and defamatory” statement was disseminated locally, domestically and internationally by various media outlets. It alleges …
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