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Apr 2023

D.C. Court of Appeal Affirms Anti-SLAPP Fee Award in “Steele Dossier” Case

Chuck Tobin

The 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.

Mar 2023

New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case

Matthew Leish

A 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.

Mar 2023

Large Coalition of Media and Non-Media Groups Push Back on Proposed Changes to Texas’s Anti-SLAPP Statute

Reid Pillifant

Eliminating 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.

Mar 2023

Utah Becomes Fourth State to Enact the Uniform Public Expression Protection Act

Jeffrey J. Hunt and David C. Reymann

The 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.

Mar 2023

Tennessee Journalists Prevail in Reverse Public Records Dispute Regarding Naomi Judd’s Death

Robb S. Harvey and Quynh-Anh D. Kibler

The procedural battles were unique, to say the least. Ultimately, the media’s requests were fulfilled, and the Judd family voluntarily dismissed their lawsuit.

Feb 2023

Colorado Court Affirms Dismissal of Anti-Abortion Activist’s Libel Suit

Steve Zansberg

The 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.

Feb 2023

California Court of Appeal Affirms Tarantino Movie Does Not Violate Actor’s Right of Publicity

Elizabeth L. Schilken

Affirming 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.

Jan 2023

Oklahoma Courts SLAPP Tulsa Police Officer’s Lawsuit Over Police Shootings Statement

Robert D. Nelon

The 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.

Jan 2023

Colorado Court of Appeals SLAPPs Dentist’s Defamation Case Over Consumer Review

Lauren Russell

In 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…

Jan 2023

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. Johnson

Passed by Washington in 2021 and other states since, UPEPA provides expedited procedures and substantial protections to protect expressive rights against abusive litigation.