Anti-SLAPP
Texas Lacks Jurisdiction for Defamation Suit Over Docudrama
Cameron Stracher and Sara TesorieroLocation, location, location. The real estate axiom has never been more relevant to defamation cases in light of the hodge-podge of state anti-SLAPP statutes, and federal courts’ interpretation of those laws.
Florida Court’s Split on Appealability of Anti-SLAPP Denials
Minch MinchinA recent decision from Florida’s Second District Court of Appeal has teed up for the state Supreme Court the issue of whether a trial court’s denial of an anti-SLAPP motion is immediately appealable.
Washington Federal Court SLAPPs Project Veritas Lawsuit
Bruce E.H. JohnsonIn May 2022, not surprisingly, given Washington’s pioneering role, Judge Thomas S. Zilly, a federal judge in Seattle, became the first judge to grant a UPEPA motion for expedited relief and dismissal under the state’s new anti-SLAPP law.
Colorado Court Grants News Anchor’s Anti-SLAPP Motion
Steven D. ZansbergIn only the second case to date to apply Colorado’s anti-SLAPP Act (passed into law in 2019) to a news outlet, a trial court judge tossed a defamation case against Kyle Clark, the nightly news anchor at KUSA-TV/9News, the TEGNA-owned NBC affiliate in Denver.
New York Appellate Court Affirms Anti-SLAPP Legal Fees to Newspaper
Karim AbdullaThe decision serves to tee up a divide between Appellate Divisions on the issue of retroactivity because the First Department went the other way in Gottwald v Sebert (the “Dr. Luke v Ke$ha” case), holding that the anti-SLAPP amendments should not have retroactive application.
Texas Court Affirms Denial of Anti-SLAPP Motion to Dismiss
Storm LinebergerThe Texas anti-SLAPP lawhas broadly safeguarded the constitutional rights of the press to publish freely on matters of public concern. The decision in Polk County Publishing Company v. Coleman, however, provides an example of the outer limits of the TCPA’s protection.
Nevada Court SLAPPs False Light and Right of Publicity Claims Against ‘Confronting: O.J.’ Podcast
Michael Beylkin, Michael Twersky and Colleen McCartyA Nevada court has granted, in full, the anti-SLAPP motion filed by a host of media defendants seeking dismissal of all claims brought by Malcolm LaVergne, O.J. Simpson’s civil lawyer and self-appointed spokesman, in connection with a 2019 podcast.
A Mighty SLAPP: Ontario Judge Dismisses Lawsuits Over Wall Street Journal Reporting
Joseph WeissmanIf the decision stands on appeal, it is likely to strengthen press freedom in Canada, providing useful precedent for media defendants under the relatively new and untested anti-SLAPP law.
Colorado Court SLAPPSs Assault Claim Against Reporter
Steven D. ZansbergThe case presented the novel question: “Are claims of physical torts committed in the course of newsgathering covered by anti-SLAPP statutes?” This court answered “yes.”
Nevada Court SLAPPs Libel and Privacy Suit Over TikToks Alleging “Sexual Assault”
Zachary GorelickIn a case before a Nevada District Court, it was a big First Amendment win for the self-described big, beautiful women speaking out about abusive behavior.