63 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,210 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Gertz v. Robert Welch, Inc.
418 U.S. 323 (1974) Cited 3,875 times 17 Legal Analyses
Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice
St. Amant v. Thompson
390 U.S. 727 (1968) Cited 1,769 times 2 Legal Analyses
Holding that to show actual malice, plaintiff must show "high degree of awareness of probably falsity"
Garrison v. Louisiana
379 U.S. 64 (1964) Cited 1,453 times 3 Legal Analyses
Holding that Louisiana's criminal libel law was not “narrowly drawn” because it did not require a finding of “clear and present danger” and was not limited “to speech calculated to cause breaches of the peace”
Henry v. Lake Charles American Press
566 F.3d 164 (5th Cir. 2009) Cited 163 times 5 Legal Analyses
Holding that interlocutory appeal of denial of anti-SLAPP dismissal under Louisiana law permitted
Godin v. Schencks
629 F.3d 79 (1st Cir. 2010) Cited 140 times 4 Legal Analyses
Holding Maine’s anti-SLAPP law does not conflict with federal rules, because "neither Fed. R. Civ. P. 12(b) nor Fed. R. Civ. P. 56, on a straightforward reading of its language, was meant to control the particular issues under [Maine’s anti-SLAPP statute] ...."
Liberty Synergistics Inc. v. Microflo Ltd.
718 F.3d 138 (2d Cir. 2013) Cited 124 times
Holding that a district court order regarding the applicability of a state anti-SLAPP statute in federal court was completely separate from the merits
Waldbaum v. Fairchild Publications, Inc.
627 F.2d 1287 (D.C. Cir. 1980) Cited 270 times
Finding that a trade publication's story regarding the ouster of a company's president and CEO did relate to a matter of public concern, since the company "was an innovative company often the subject of news reports"
Pegasus v. Reno Newspapers, Inc.
118 Nev. 706 (Nev. 2003) Cited 126 times 1 Legal Analyses
Holding that the published statement of a restaurant critic that "this [food] came out of some sort of package" was an opinion, not a factual claim that she actually saw the food come out of a package as opposed to having been freshly prepared
Chaiken v. VV Publishing Corp.
119 F.3d 1018 (2d Cir. 1997) Cited 147 times 1 Legal Analyses
Holding that jurisdiction over an Israeli publisher for a libel action involving an insignificant distribution — four copies or .04% of total circulation — offends due process
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,366 times 184 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Section 425.16 - California anti-SLAPP law
Cal. Code Civ. Proc. § 425.16 Cited 2,833 times 110 Legal Analyses
Reversing district court's denial of anti-SLAPP motion as moot and remanding for consideration of the motion, including attorney's fees
Section 41.670 - Award of reasonable costs, attorney's fees and monetary relief under certain circumstances; separate action for damages; sanctions for frivolous or vexatious special motion to dismiss; interlocutory appeal
Nev. Rev. Stat. § 41.670 Cited 67 times
Providing through use of the word 'may' that the Court is not required to grant Defendants' requests for these additional amounts
Section 4.24.500 - Good faith communication to government agency-Legislative findings-Purpose
Wash. Rev. Code § 4.24.500 Cited 49 times
Setting forth the purpose of the Act and stating that “[t]he purpose of RCW 4.24.500 through 4.24.520 is to protect individuals who make good-faith reports to appropriate governmental bodies ”
Section 16-5502 - Special motion to dismiss
D.C. Code § 16-5502 Cited 32 times 10 Legal Analyses
Including its burden-shifting provision
Section 16-5501 - Definitions
D.C. Code § 16-5501 Cited 18 times 13 Legal Analyses
Defining "[i]ssue of public interest"

Montgomery v. Risen et al

63 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice

Holding that to show actual malice, plaintiff must show "high degree of awareness of probably falsity"

Holding that Louisiana's criminal libel law was not “narrowly drawn” because it did not require a finding of “clear and present danger” and was not limited “to speech calculated to cause breaches of the peace”

Holding that interlocutory appeal of denial of anti-SLAPP dismissal under Louisiana law permitted

Holding Maine’s anti-SLAPP law does not conflict with federal rules, because "neither Fed. R. Civ. P. 12(b) nor Fed. R. Civ. P. 56, on a straightforward reading of its language, was meant to control the particular issues under [Maine’s anti-SLAPP statute] ...."

Holding that a district court order regarding the applicability of a state anti-SLAPP statute in federal court was completely separate from the merits

Finding that a trade publication's story regarding the ouster of a company's president and CEO did relate to a matter of public concern, since the company "was an innovative company often the subject of news reports"

Holding that the published statement of a restaurant critic that "this [food] came out of some sort of package" was an opinion, not a factual claim that she actually saw the food come out of a package as opposed to having been freshly prepared

Holding that jurisdiction over an Israeli publisher for a libel action involving an insignificant distribution — four copies or .04% of total circulation — offends due process

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Reversing district court's denial of anti-SLAPP motion as moot and remanding for consideration of the motion, including attorney's fees

Providing through use of the word 'may' that the Court is not required to grant Defendants' requests for these additional amounts

Setting forth the purpose of the Act and stating that “[t]he purpose of RCW 4.24.500 through 4.24.520 is to protect individuals who make good-faith reports to appropriate governmental bodies ”

Including its burden-shifting provision

Defining "[i]ssue of public interest"