Leslie Machado

Leslie Machado

LeClairRyan

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Ninth Circuit Reaffirms Section 230 Protections

Information Counts. That’s the title of this blog. And it’s an indisputable fact. Information is – and has been for at least 20 years – the currency of our economy, providing consumers, regulators and the general public...more

12/1/2016 - Communications Decency Act Defamation Internet Online Reputation Online Reviews Section 230 Social Media User-Generated Content Website Owner Liability Yelp

Is a Consumer Trade Association’s Speech Covered by the DC Anti-SLAPP Act?

When a consumer trade association “speaks” about the health effects of a product, is its speech on an issue of public interest, and thus within the scope of the DC anti-SLAPP statute, or is it in furtherance of the...more

10/5/2016 - Anti-SLAPP Civil Conspiracy Discovery First Amendment Fraud Free Speech Manufacturers Motion to Dismiss Negligence Personal Care Products Pharmaceutical Industry Public Interest Scientific Research

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...more

6/29/2016 - Anti-SLAPP Appeals First Amendment Free Speech Libel Motion to Compel Motion to Dismiss Motion To Stay Motions to Quash

Subpoenas and SLAPP Motions to Dismiss

If an individual or entity believes a subpoena is aimed at silencing debate on a matter of public interest, can it invoke the DC anti-SLAPP statute in response?  That is the question presented by a recent anti-SLAPP motion...more

6/22/2016 - Anti-SLAPP Climate Change Exxon Mobil Internal Communications Motion to Dismiss Subpoenas

Convicted Felon’s Defamation Suit Triggers Multiple Anti-SLAPP Motions

In late March, David Pitts filed suit against two local television stations (Channels 4 and 7), their parent companies, and Patch Media, which runs hyperlocal websites. According to the Superior Court Complaint, Pitts was...more

5/12/2016 - Anti-SLAPP Criminal Prosecution Defamation Dismissal With Prejudice First Amendment Free Speech Public Interest Television Broadcast Stations Television Programming

Anti-SLAPP Statute Raised in Planned Parenthood Protest Lawsuit

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....more

4/21/2016 - Abortion Anti-SLAPP Educational Institutions First Amendment Free Speech Intentional Infliction of Emotional Distress Planned Parenthood Protests Students

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. Newmyer’s...more

3/17/2016 - Anti-SLAPP Defamation False Light First Amendment Free Speech

DC’s Highest Court Holds Successful Anti-SLAPP Movant Is “Presumptively” Entitled to Attorneys’ Fees

Here are my three takeaways from yesterday’s DC Court of Appeals’ decision, holding that a successful movant under the DC anti-SLAPP statute “is entitled to reasonable attorney’s fees in the ordinary course – i.e.,...more

3/14/2016 - Anti-SLAPP Attorney's Fees First Amendment Free Speech

Second Circuit Decision Creates Circuit Split and Could Impact Pending DC Appeal

An important decision issued by the Second Circuit last week adds to the growing dissonance among the federal circuits on anti-SLAPP motions.  The ruling could impact a case pending before the DC Court of Appeals, and creates...more

3/4/2016 - Anti-SLAPP Collateral Order Doctrine First Amendment Free Speech Libel

Oklahoma Appellate Court Rules New anti-SLAPP Statute Does Not Apply Retroactively

From the state “where the wind comes sweepin’ down the plain” comes an appellate decision that might seem familiar to readers of this blog. In March 2013, three Oklahoma plaintiffs filed suit against a media entity,...more

2/23/2016 - Anti-SLAPP Defamation Free Speech Retroactivity

Are We Witnessing A Pushback By Courts To Anti-SLAPP Motions?

As we approach the fifth anniversary of the date the DC anti-SLAPP statute became effective, recent decisions have me wondering if we are witnessing increased hostility against anti-SLAPP statutes nationwide?...more

2/12/2016 - Anti-SLAPP First Amendment Free Speech Hewlett-Packard Oracle Public Interest TCPA

Is There a “Classic” SLAPP Case?

One of the interesting things about the Doe v. Burke II appeal is the Superior Court’s reasoning that, although the complaint was dismissed under the DC anti-SLAPP statute, no attorneys’ fees were warranted because the case...more

2/4/2016 - Anti-SLAPP First Amendment Free Speech

Congress Acts to Ban Gag Clauses in Consumer Contracts

There is not a lot that all members of the U.S. Senate can agree on these days, but protecting the ability of consumers to write reviews of businesses is apparently an issue on which there is unanimity. First some background....more

1/27/2016 - Angie's List Consumer Contracts FTC Non-Disparagement Provisions Online Reviews Pending Legislation TripAdvisor Yelp

Another Court Imposes a “Public Interest” Requirement for anti-SLAPP motions

After my post on the Vermont Supreme Court’s decision, requiring all motions under Vermont’s anti-SLAPP statute to be based upon speech made in connection with an issue of public interest, a reader sent me a decision from a...more

1/7/2016 - Anti-SLAPP First Amendment Free Speech Public Interest VT Supreme Court

Is there a “Public Interest” Requirement for anti-SLAPP Motions?

Does a party moving under the DC anti-SLAPP statute need to show that the claim arises from a statement made in connection with an issue of public interest?  While the text of the DC anti-SLAPP statute suggests the answer is...more

12/30/2015 - Anti-SLAPP Free Speech Public Interest VT Supreme Court

Governmental entities and anti-SLAPP statutes

Earlier this year, in Henne v. City of Yakima, the Washington State Supreme Court held that the City of Yakima could not move under that state’s anti-SLAPP statute where it was the recipient – rather than speaker – of the...more

12/23/2015 - Anti-SLAPP Free Speech Government Entities Motion To Strike WA Supreme Court

Erasure Laws Don’t Equal Right to be Forgotten

We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt. While that “right”...more

10/9/2015 - Certiorari Criminal Records EU False Light FTC Internet Invasion of Privacy Libel Negligent Infliction of Emotional Distress Public Information Right to Be Forgotten SCOTUS Websites

When Can A Successful Movant Recover Fees Under the DC Anti-SLAPP Statute?

The first time Burke v. Doe was before the District of Columbia Court of Appeals, it established new law, with the Court establishing that the denial of a special motion to dismiss was immediately appealable.  Burke II is now...more

9/23/2015 - ACLU Amicus Briefs Anti-SLAPP Appeals Attorney's Fees Motion to Dismiss Motions to Quash Wikipedia

What’s the Impact of the DC Circuit’s Abbas Decision?

The DC Circuit’s Abbas decision, holding that the DC anti-SLAPP statute does not apply in a federal court diversity case, is beginning to have real-world consequences for litigants in the District of Columbia. Since the...more

8/12/2015 - Anti-SLAPP Defamation Diversity Federal Jurisdiction Libel

Its Time for the Supreme Court to Decide if state anti-SLAPP Statutes Apply in Federal Court

Growing disagreement among federal courts over whether state anti-SLAPP statutes apply in federal court makes clear that the Supreme Court is going to have to resolve this issue. The DC Circuit created a circuit split when...more

7/21/2015 - Anti-SLAPP Federal Rules of Civil Procedure Pre-Trial Motions SCOTUS Shady Grove

Decision Holding Washington State’s anti-SLAPP Statute Unconstitutional Could Impact DC anti-SLAPP Statute

Last month, the Washington Supreme Court held that state’s anti-SLAPP statute was unconstitutional because it required trial courts to weigh competing evidence – which was a function expressly reserved for the jury. With the...more

7/1/2015 - Anti-SLAPP Burden-Shifting Evidence Jury Trial WA Supreme Court

Federal anti-SLAPP Statute Proposed in Congress

With the District of Columbia Circuit holding that the DC anti-SLAPP act does not apply in federal court, and at least four judges in the Ninth Circuit concluding that Circuit erred in applying state anti-SLAPP statutes in...more

5/22/2015 - Anti-SLAPP Jurisdiction Proposed Legislation

“The Waiting Is the Hardest Part”

As we approach the fourth anniversary of the date the DC anti-SLAPP statute became effective, parties in several high-profile cases know exactly what Tom Petty & The Heartbreakers meant when they sang that “the waiting is the...more

3/23/2015 - Anti-SLAPP

Forras Case Finally Reaches DC Circuit

After a brief – and unsuccessful – return to the federal district court, the appellants in the Forras v. Rauf case (Vincent Forras and Larry Klayman) have filed their opening brief in the DC Circuit. ...more

3/23/2015 - Anti-SLAPP Federal Rules of Civil Procedure

Reflections on the Mann v. CEI Oral Argument

Two days before Thanksgiving, your intrepid blogger joined approximately 60-70 others in the DC Court of Appeals’ ceremonial courtroom to watch the Mann v. CEI oral argument. The panel was comprised of Judges Ruiz, Beckwith...more

3/17/2015 - Anti-SLAPP Appeals Motion to Dismiss Standard of Review

39 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×