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Anti-SLAPP

May 2022

Texas Lacks Jurisdiction for Defamation Suit Over Docudrama

Cameron Stracher and Sara Tesoriero

Location, 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.

May 2022

Florida Court’s Split on Appealability of Anti-SLAPP Denials

Minch Minchin

A 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.

May 2022

Washington Federal Court SLAPPs Project Veritas Lawsuit

Bruce E.H. Johnson

In 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.

Apr 2022

Colorado Court Grants News Anchor’s Anti-SLAPP Motion

Steven D. Zansberg

In 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. 

Mar 2022

New York Appellate Court Affirms Anti-SLAPP Legal Fees to Newspaper

Karim Abdulla

The 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.

Feb 2022

Texas Court Affirms Denial of Anti-SLAPP Motion to Dismiss

Storm Lineberger

The 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.

Feb 2022

Nevada Court SLAPPs False Light and Right of Publicity Claims Against ‘Confronting: O.J.’ Podcast

Michael Beylkin, Michael Twersky and Colleen McCarty

A 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.

Jan 2022

A Mighty SLAPP: Ontario Judge Dismisses Lawsuits Over Wall Street Journal Reporting

Joseph Weissman

If 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.

Jan 2022

Colorado Court SLAPPSs Assault Claim Against Reporter

Steven D. Zansberg

The 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.”

Jan 2022

Nevada Court SLAPPs Libel and Privacy Suit Over TikToks Alleging “Sexual Assault”

Zachary Gorelick

In 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.