D.C. anti-SLAPP statute growing up strong, but what about applicability in federal court and interlocutory appeal?
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. anti-SLAPP statute: does the special motion to dismiss under the anti-SLAPP statute apply in federal diversity actions?Abbas v. Foreign Policy Group, LLC, 975 F. Supp. 2d 1 (D.D.C. Sept. 27, 2013), oral argument held, No. 13-7171 (D.C. Cir. Oct. 20, 2014). The panel appeared receptive to holding that – at least in circumstances calling for a motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6) – the anti-SLAPP statute applies in federal court.
Without a ruling from the D.C. Circuit, federal district courts in D.C. have largely applied the anti-SLAPP statute in federal court.
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