Leslie Machado

Leslie Machado

LeClairRyan

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Doctor’s Slapp at Yelp Reviewer Largely Dismissed by DC Superior Court

Yelp, and websites like it, have certainly added to the development of law in the First Amendment area. The Virginia Supreme Court is poised to decide the standard for unmasking anonymous commentators on websites like Yelp. ...more

8/21/2014 - Anti-SLAPP Appeals Defamation First Amendment Social Networks Yelp

PissedConsumer.com SLAPPs Back

From the land of Wayne Newton and Brittney Spears comes news of an interesting lawsuit implicating the Nevada anti-SLAPP statute. Techdirt.com explains that the lawsuit, Opinion Corporation d/b/a PissedConsumer.com v. Nevada...more

6/25/2014 - Anti-SLAPP

Could the DC Circuit Decide the Abbas Appeal While Avoiding the “Erie” Issue?

I have previously explained that Yasser Abbas’s appeal from the district court’s decision, granting the defendants’ anti-SLAPP motion, will likely force the DC Circuit to decide whether the DC anti-SLAPP statute applies in...more

6/18/2014 - Anti-SLAPP Erie Doctrine Federal Rule 12(b)(6) Jurisdiction

DC Court of Appeals Holds that Denial of Motion to Quash Under DC Anti-SLAPP Statute Is Immediately Appealable

Yesterday, in its first decision interpreting the DC Anti-SLAPP statute, the DC Court of Appeals (DC’s highest court) held that: - the denial of a special motion to quash under the statute is immediately appealable...more

6/2/2014 - Anti-SLAPP Collateral Order Doctrine Motions to Quash

Fourth Federal Court Judge Holds That DC Anti-SLAPP Statute Can Be Applied In Federal Court

Another DC federal court judge recently held that the DC anti-SLAPP statute applies in federal court, and applied it to dismiss a libel and related torts action. This decision, in Forras v. Rauf, means that four DC federal...more

5/6/2014 - Abuse of Process Anti-SLAPP Negligent Infliction of Emotional Distress

Does “Tolled” Mean “Suspended” Or “Extended” In §1367(D)?

Every day, complaints are filed in federal court with claims brought under both federal and state law. If the federal court dismisses or grants judgment on those claims that provide a basis for federal jurisdiction, it has...more

3/17/2014 - Federal Jurisdiction Statute of Limitations Tolling

My DC Anti-SLAPP Motion Was Denied! — Now What?

In 2011, the District of Columbia joined 28 states in passing legislation aimed at stopping Strategic Lawsuits Against Public Participation suits. SLAPP suits are usually brought by powerful interests who want to silence...more

3/12/2014 - Anti-SLAPP Interlocutory Appeals Motions to Quash

Abbas Appeal Will Likely Force DC Circuit To Decide Erie Issue

Unless something unexpected happens, the Abbas v. Foreign Policy Group appeal will force the DC Circuit to expressly decide whether the DC anti-SLAPP statute applies in federal court (the so-called “Erie” issue). ...more

3/3/2014 - Anti-SLAPP Appeals Erie Doctrine

Checking In On Michael Mann’s Libel Suit

When we last wrote about Michael Mann’s libel suit against National Review, Competitive Enterprise Institute, and two individual defendants, the DC Superior Court had denied anti-SLAPP motions filed by all defendants. Since...more

1/30/2014 - Anti-SLAPP

Three Takeaways From The DC Circuit’s Farah v. Esquire Decision

The DC Circuit’s decision in Farah v. Esquire Magazine turned out to be a dud from an anti-SLAPP perspective. The court affirmed the district court’s dismissal of Farah’s Complaint, but did so under Rule 12(b)(6), thus...more

12/10/2013 - Anti-SLAPP Esquire Magazine Motion to Dismiss

Farah v. Esquire: a Primer

I have previously blogged about the panel that will be hearing the Farah v. Esquire appeal on October 3. Here’s a brief summary on the relevant background facts, the proceedings in the district court and the pertinent issues...more

9/23/2013 - Anti-SLAPP de novo standard of review Defamation False Light Invasion of Privacy Lanham Act Parody

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