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Mann and National Review spar over anti-SLAPP burden and related issues

LeClairRyan | USA | April 15 2013

In the libel squabble between Michael Mann and National Review, Mann has filed his response to the defendants' anti-SLAPP motion, and they, in turn

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DC Superior Court holds that Mann suit survives anti-SLAPP motions

LeClairRyan | USA | July 23 2013

Holding that Michael Mann had shown enough to overcome anti-SLAPP motions filed by the National Review and Competitive Enterprise Institute, the DC

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Superior Court judge grants district of Columbia’s anti-SLAPP motion against former employee

LeClairRyan | USA | June 3 2013

Last week, another DC Superior Court judge granted an anti-SLAPP motion. This motion was filed by the District of Columbia in response to a

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The D.C. Anti-SLAPP Act at two years old: Erie issues and interlocutory appeal take center stage

Davis Wright Tremaine LLP | USA | July 21 2013

The District of Columbia Council adopted the District of Columbia Anti-SLAPP Act of 2010 (D.C. Anti-SLAPP Act or Act), D.C. Code sections 16-5501 et

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California Court of Appeal holds that a private conservator is a public official; finds no actual malice shown in claim based on CBS report about conservatorships

Davis Wright Tremaine LLP | USA | January 7 2013

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who

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Checking in on Michael Mann’s libel suit

LeClairRyan | USA | January 30 2014

When we last wrote about Michael Mann's libel suit against National Review, Competitive Enterprise Institute, and two individual defendants, the DC

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The DC anti-SLAPP statute: a two year retrospective

LeClairRyan | USA | April 3 2013

It has been two years since the District of Columbia's anti-SLAPP statute first became effective. To date, anti-SLAPP motions have been granted in a

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Roundup on pending cases involving the DC anti-SLAPP statute

LeClairRyan | USA | November 28 2012

After a period of relative quiet, there has been a flurry of activity in the District of Columbia federal and state courts in cases involving the DC anti-SLAPP statute.

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D.C. anti-SLAPP statute growing up strong, but what about applicability in federal court and interlocutory appeal?

Davis Wright Tremaine LLP | USA | January 7 2015

On October 20, 2014, the District of Columbia Circuit held oral argument on the biggest issue under the Court of Appeals' three-year-old D.C

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Sheldon Adelson asserts that DC anti-SLAPP statute is unconstitutional

LeClairRyan | USA | August 1 2013

In the three plus years since the DC anti-SLAPP statute first became effective, parties have argued that it violates the Home Rule, cannot be used

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Fourth Circuit affirms dismissal of FCA retaliation claim brought against firearms contractor

Kelley Drye & Warren LLP | USA | December 29 2010

On December 27, 2010, the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of an employee’s retaliation claim against a firearms contractor, Heckler & Koch Defense, Inc. (“HKD”), brought under the anti-retaliation provision ( 3730(h)) of the federal False Claims Act.

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Illinois court addresses distinction between claim and potential claim

Traub Lieberman Straus & Shrewsberry LLP | USA | September 10 2013

In its recent decision in Lexington Ins. Co. v. Horace Mann Ins. Co., 2013 U.S. Dist. LEXIS 127544 (N.D. Ill. Sept. 4, 2013), the United States

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What’s the standard?

LeClairRyan | USA | July 11 2013

When I wrote about the DC Superior Court's decision in Payne v. District of Columbia last month, and about the federal court's decision in Boley v

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Could the DC Circuit decide the Abbas appeal while avoiding the “Erie” issue?

LeClairRyan | USA | June 17 2014

I have previously explained that Yasser Abbas's appeal from the district court's decision, granting the defendants' anti-SLAPP motion, will likely

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Another DC federal judge applies DC anti-SLAPP statute in federal court

LeClairRyan | USA | October 23 2013

On September 27, the DC federal court applied the DC anti-SLAPP statute and dismissed the libel suit brought by Yasser Abbas, the son of Mahmoud

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Three takeaways from the DC Superior Court’s order granting C4ADS’s anti-SLAPP motion

LeClairRyan | USA | April 9 2015

I have previously blogged about the defamation lawsuit between the Center for Advanced Defense Studies (C4ADS) and a Ukraine-based shipping company

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Abbas suit focuses on whether DC anti-SLAPP statute can be used in federal court

LeClairRyan | USA | January 10 2013

A series of filings in response to the defamation suit filed by Yasser Abbas against the Foreign Policy Group and Jonathan Schanzer have now focused

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Turned upside down: the Wisconsin Supreme Court reverses the rules on judgment liens

Reinhart Boerner Van Deuren SC | USA | August 11 2014

In 1999, the Wisconsin Supreme Court decided Mann v. Badger Lines, Inc. (In re Badger Lines, Inc.), 224 Wis. 2d 646, 590 N.W. 2d 270 (1999), in which

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Will DC Court of Appeals’ decision impact Sherrod appeal?

LeClairRyan | USA | January 16 2013

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

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Another judge to decide if anti-SLAPP statute applies in Federal Court

LeClairRyan | USA | November 15 2012

In response to a libel complaint filed by Yasser Abbas, one of the sons of Mahmoud Abbas, the Palestinian President, the defendants have filed an anti-SLAPP motion and a separate motion to dismiss the complaint for failure to state a claim.

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Fourth federal court judge holds that DC anti-SLAPP statute can be applied in federal court

LeClairRyan | USA | May 5 2014

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

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To the victor go the e-discovery costs?

Mayer Brown LLP | USA | July 7 2011

Has your organization sought to recover e-discovery costs after prevailing in a federal litigation?

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Texas Supreme Court provides greater protection to employers seeking to enforce non-compete covenants

Haynes and Boone LLP | USA | April 22 2009

Building on its 2006 decision in Alex Sheshunoff Management Services, L.P. v. Johnson, 209 S.W.3d 644 (Tex. 2006), the Texas Supreme Court has further expanded the enforceability of non-compete covenants in the at-will employment setting.

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Another anti-SLAPP motion filed in response to former DC official’s defamation suit

LeClairRyan | USA | December 27 2012

At the same time as former DC employee Eric Payne is opposing an anti-SLAPP motion filed by the District of Columbia, another former high-ranking employee

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Another bumper crop of California anti-SLAPP opinions

Davis Wright Tremaine LLP | USA | January 8 2015

As California experienced its third year of an epic drought, the state's appellate courts and the Ninth Circuit Court of Appeals produced a bumper

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Is Ninth Circuit going to revisit whether California anti-SLAPP statute applies in federal court?

LeClairRyan | USA | April 23 2013

While we wait for the DC Circuit to resolve whether the DC anti-SLAPP statute applies in federal court (either in Sherrod v. Breitbart or Farah v

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Newspaper’s anti-SLAPP motion potentially raises issue of whether statute applies to action arising under foreign law

LeClairRyan | USA | May 15 2013

Another newspaper has moved under DC's anti-SLAPP statute to dismiss a complaint alleging libel and related torts. (As I wrote on the two-year

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“The waiting is the hardest part”

LeClairRyan | USA | March 11 2015

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

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New York Federal Court applies plausibility standard of Iqbal and Twombly to allegations of actual malice in defamation cases

Davis Wright Tremaine LLP | USA | August 31 2013

On August 1, 2013, Judge J. Paul Oetken of the Southern District of New York issued an opinion meticulously analyzing and applying the plausibility

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Should the DC Council amend DC’s anti-SLAPP Act?

LeClairRyan | USA | August 22 2013

Several recent decisions have me wondering if it is time for the DC Council to revise the DC anti-SLAPP statute to clarify two issues that continue

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David v. Goliath in DC Superior Court

LeClairRyan | USA | September 23 2014

A "David versus Goliath" battle is playing out in the DC Superior Court, with the DC anti-SLAPP statute in the role of the slingshot. Our "David" is

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Another case tests whether denial of anti-SLAPP motion can be immediately appealed

LeClairRyan | USA | November 14 2013

There is an interesting anti-SLAPP case that has now reached the DC Court of Appeals. Here is the background. Susan Burke is a DC lawyer, best known

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MRC Innovations v. Hunter a decision with bite for design patent owners?

Oblon | USA | April 22 2014

In MRC Innovations, Inc. v. Hunter Mfg., LLP, No. 2013-1433 (Fed. Cir., Apr. 2, 2014), the Federal Circuit addressed the obviousness of patents

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Will Farah v. Esquire appeal resolve “Erie” question?

LeClairRyan | USA | March 4 2013

While the Sherrod v. Breitbart appeal has attracted a lot of attention at the DC Circuit, there is another case that could resolve whether the DC

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