We got what looks to be very good news today. While the appeals court didn’t actually rule on our case, they did issue an opinion in BuckleyBurke, which is closely related, as it has to do with the right to an interlocutory appeal under collateral-order doctrine in an anti-SLAPP case. Their arguments largely mirror the ones we make in our brief, and they seem to be quite aggressive in their defense of the First Amendment, so it seems likely that there’s a very good chance that they’ll actually address our merits, and perhaps ultimately end up dismissing.
[Daturday afternoon update]
Sorry, had the name of the case wrong. Here‘s Les Machado’s take:
Takeaway: the headline here is the Court’s conclusion that the denial of a special motion to quash is immediately appealable. While the Court was careful to not extend its ruling to the denial of a special motion to dismiss, parties who are currently appealing from the denial of special motions to dismiss have to be buoyed by the decision.
That would be (among others) me.
Fingers crossed . . . .
Are you referring to Buckley v Airshield 86 F.3d 1175
That’s an appellate ruling in the Federal Circuit, You are down in DC Circuit,
while it’s definitely interesting, i’m not sure if the DC Court of Appeals or the DC Circuit will
follow the Fed Crct or go on their own.
Are you referring to Buckley v Airshield 86 F.3d 1175
No.
Do you have a case name and citation number?
nothing shows up in the DC Court of Appeals marked buckley.