COMPETITIVE ENTERPRISE INSTITUTE v. MANN

No. 14-CV-101, NO. 14-CV-126.

150 A.3d 1213 (2016)

COMPETITIVE ENTERPRISE INSTITUTE and Rand Simberg, Appellants, v. Michael E. MANN, Appellee, National Review, Inc., Appellant, v. Michael E. Mann, Appellee.

District of Columbia Court of Appeals.

Decided December 22, 2016.


Attorney(s) appearing for the Case

Andrew M. Grossman , with whom David B. Rivkin, Jr. , and Mark I. Bailen were on the brief, for appellants Competitive Enterprise Institute and Rand Simberg.

Michael A. Carvin , with whom David M. Morrell and Anthony J. Dick were on the brief, for appellant National Review, Inc.

John B. Williams , with whom Peter J. Fontaine and Catherine Rosato Reilly were on the brief, for appellee Michael E. Mann.

Ariel B. Levinson-Waldman , Senior Counsel to the Attorney General, with whom Irvin B. Nathan , Attorney General for the District of Columbia at the time the brief was filed, and Todd S. Kim , Solicitor General, were on the brief, for amicus curiae the District of Columbia, in support of the court's appellate jurisdiction to review interlocutory order.

Michael J. Songer and Daniel J. Kornstein were on the brief for amicus curiae Mark Steyn, in support of the court's appellate jurisdiction to review interlocutory order.

Ilya Shapiro , Nicholas C. Dranias , Bradley A. Benbrook , and Stephen M. Duvernay were on the briefs, in support of appellants, for amici curiae The Cato Institute, Reason Foundation, Individual Rights Foundation, and Goldwater Institute.

Gregg P. Leslie , Cynthia A. Gierhart , Seth D. Berlin , Shaina Jones Ward , and Mara J. Gassmann were on the brief, in support of appellants, for amici curiae The Reporters Committee for Freedom of the Press; The American Civil Liberties Union of the Nation's Capital; American Society of News Editors; Association of Alternative Newsmedia; The Association of American Publishers, Inc.; Bloomberg L.P.; The Center for Investigative Reporting; First Amendment Coalition; First Look Media, Inc.; Fox News Network, LLC; Gannett Co., Inc.; The Investigative Reporting Workshop; The National Press Club; National Press Photographers Association; NBCUniversal Media, LLC; Newspaper Association of America; North Jersey Media Group, Inc.; Online News Association; Radio Television Digital News Association; The Seattle Times Company; Society of Professional Journalists; Stephens Media LLC; Time Inc.; Tribune Publishing; The Tully Center for Free Speech; D.C. Communications, Inc., d/b/a Washington City Paper; and WP Company LLC d/b/a The Washington Post.

David A. Cortman , Kevin H. Theriot , Christopher Byrnes , and Kurt Van Sciver were on the brief, in support of appellants, for amicus curiae Alliance Defending Freedom.

Phillip C. Chang , Jonathan E. Buchan , E. Duncan Getchell , and Amy Miller were on the brief, in support of appellants, for amici curiae Newsmax Media, Inc.; Free Beacon, LLC; The Foundation for Cultural Review; The Daily Caller, LLC; PJ Media, LLC; and The Electronic Frontier Foundation.

Before Beckwith and Easterly, Associate Judges, and Ruiz, Senior Judge.


These appeals present us with legal issues of first impression concerning the special motion to dismiss created by the District of Columbia's Anti-Strategic Lawsuits Against Public Participation (Anti-SLAPP) Act, D.C. Code §§ 16-5501 to -5505 (2012 Repl.): whether denial of a special motion to dismiss is immediately...

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