Latest Publications

Share:

Are Anti-SLAPP Statutes The Elephant In the Room?

Last year, I noted that several judges around the country were expressing concern that state anti-SLAPP statutes were being applied to cases that did not appear intended to “chill” legitimate speech. For example, a Texas...more

Superior Court Suit Alleges Arbitration Claim Is a SLAPP

If a person believes that a defamation claim being asserted against him in a pending arbitration is a SLAPP, can he ask the Superior Court to issue a declaration and an order stopping the claim from being pursued? A new...more

Superior Court Grants Trade Association’s anti-SLAPP motion

Last October, I wrote about the Personal Care Products Council’s interesting anti-SLAPP motion, filed in a DC Superior Court case. There, the plaintiff (Simpson) alleged that she developed ovarian cancer by using talcum...more

Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

First was the lawsuit filed by Yasser Abbas, the son of the Palestinian President, against Foreign Policy Group and one of its reporters, alleging that they defamed him by asking whether he was profiting from his father’s...more

Three Takeaways from the DC Court of Appeals’ Mann Decision

There have been numerous articles about the long-awaited DC Court of Appeals’ opinion in Michael Mann’s libel suit against the National Review and Competitive Enterprise Institute, including in the Washington Post, Buzzfeed,...more

National Roundup of Important Anti-SLAPP Appeals

After the DC Circuit issued its decision in Abbas v. Foreign Policy Group last year, holding that the DC anti-SLAPP statute does not apply in a federal court diversity case (and disagreeing with every other federal appellate...more

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

45 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 using*

Already signed up? Log in here

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