Anti-SLAPP
D.C. Court of Appeal Affirms Anti-SLAPP Fee Award in “Steele Dossier” Case
Chuck TobinThe court’s decision significantly strengthens arguments for defendants to recover fees under the District’s anti-SLAPP law, including the fees they expend in litigating entitlement to fees.
New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case
Matthew LeishA defendant who prevails on an anti-SLAPP motion to dismiss may recover its attorneys’ fees without the need to file a counterclaim or a separate lawsuit.
Large Coalition of Media and Non-Media Groups Push Back on Proposed Changes to Texas’s Anti-SLAPP Statute
Reid PillifantEliminating the automatic stay would loosen free-speech protections for all Texans, but the bill stands to have a particularly detrimental effect on media organizations that operate in the state.
Utah Becomes Fourth State to Enact the Uniform Public Expression Protection Act
Jeffrey J. Hunt and David C. ReymannThe road to enactment of UPEPA in Utah had its share of twists and turns. In the end, it was some good timing and the involvement of a respected former state legislator that made the difference.
Tennessee Journalists Prevail in Reverse Public Records Dispute Regarding Naomi Judd’s Death
Robb S. Harvey and Quynh-Anh D. KiblerThe procedural battles were unique, to say the least. Ultimately, the media’s requests were fulfilled, and the Judd family voluntarily dismissed their lawsuit.
Colorado Court Affirms Dismissal of Anti-Abortion Activist’s Libel Suit
Steve ZansbergThe Court of Appeals affirmed the trial court’s granting of defendant’s anti-SLAPP motion terminating the libel case brought by anti-abortion activist David Daleiden and the Center for Medical Progress against Dr. Savita Ginde, the former medical director of Planned Parenthood of the Rocky Mountain Region.
California Court of Appeal Affirms Tarantino Movie Does Not Violate Actor’s Right of Publicity
Elizabeth L. SchilkenAffirming a bright line exemption for expressive works from California’s post-mortem right of publicity statute, the Court of Appeal upheld the dismissal of right of publicity claims against the Quentin Tarantino movie Once Upon a Time … in Hollywood.
Oklahoma Courts SLAPP Tulsa Police Officer’s Lawsuit Over Police Shootings Statement
Robert D. NelonThe district court concluded that the text and headlines of each of the defendants’ articles were substantially true and did not materially differ from, and were “a fair representation” of, what Yates himself said.
Colorado Court of Appeals SLAPPs Dentist’s Defamation Case Over Consumer Review
Lauren RussellIn one of the first appellate decisions interpreting and applying the state’s new anti-SLAPP law, the Colorado Court of Appeals reversed the trial court’s denial of the defendant’s Anti-SLAPP motion, dismissing an endodontist’s defamation case against a former patient who posted negative reviews about her treatment, and ordering the trial court to award the patient…
Washington State Court Issues Nation’s First Appellate Decision on the Uniform Public Expression Protection Act
Caesar Kalinowski IV, Shontee Pant, and Bruce E.H. JohnsonPassed by Washington in 2021 and other states since, UPEPA provides expedited procedures and substantial protections to protect expressive rights against abusive litigation.