3M Company v. David, et al

UPDATE:  Media organizations submit brief stating that D.C. anti-SLAPP should apply.

D.C.Cir.:  Media Amicus Brief Argues that D.C. Anti-SLAPP Statute Applies in Federal Court
Citing to cases from the First, Fifth, and 9th Circuits as well as numerous district courts, the brief argues that "the remedies provides under anti-SLAPP laws comfortably exists "side by side" with Rules 12 & 56, providing critical protection to the media disseminating news and information on issues of public concern."

Amicus Brief:  http://www.medialaw.org/images/medialawdaily/3mamicus.pdf


UPDATE: Federal Court denies Motion to Dismiss on July 18, 2012.

D.C. Cir.: Federal Court Denies Motion to Dismiss Anti-SLAPP Appeal
RCFP
An appeal in a defamation case against the late journalist Andrew Breitbart will proceed after a federal court denied a motion to have it dismissed. ( The Court also denied a motion to consolidate the appeal with 3M v. Boulter, in which the district court held the D.C. anti-SLAPP does not apply in federal court)
http://www.rcfp.org/browse-media-law-resources/news/federal-court-denies-motion-dismiss-anti-slapp-appeal

Order: http://www.rcfp.org/sites/default/files/docs/20120719_141422_davisruling.pdf


STATUS: Davis files Motion to Consolidate with Sherrod v. Breitbart on March 23, 2012.

D.C.Cir.: Lanny Davis Moves to Merge His Anti-SLAPP Apeal with Breitbart Case
BLT (Blog of the Legal Times)
Two of the most watched pieces of litigation surrounding the District of Columbia's relatively new anti-SLAPP law could merge if Washington attorney and political strategist Lanny Davis gets his way.
http://legaltimes.typepad.com/blt/2012/04/lanny-davis-moves-to-merge-his-anti-slapp-appeal-with-breitbart-case.html

>>Motion to Consolidate:
http://legaltimes.typepad.com/files/davis-motion-to-consolidate.pdf