JD Supra cited CEI's case Competitive Enterprise Institute v. Mann.
The suit asserted claims for defamation per se, false light invasion of privacy, and intentional infliction of emotional distress based on statements allegedly made by Al-Ansari, including that “AlAhmed is a terrorist himself,” “AlAhmed ‘cares nothing for the sincere shared collective of ideas and cultures, but AlAhmed will use any means to exterminate the prospects of a peaceful world,’” and “AlAhmed and his cronies at are dangerous – they have much more going on here than simple written words – they are subversive and will use any destructive means possible to promote their own misguided agenda of their own brand of terrorism.”
The D.C. anti-SLAPP statute allows a party who successfully opposes an anti-SLAPP special motion to dismiss to recover its fees if it demonstrates the motion was “frivolous or [was] solely intended to cause unnecessary delay.” On the other hand, Competitive Enterprise Institute v. Mann holds the denial of an anti-SLAPP special motion to dismiss can be immediately appealed. It will thus be interesting to see what either side does next. As always, stay tuned.