Supreme Court of the United States · Official docket →
Mikhail Fridman, et al. v. Orbis Business Intelligence Limited, et al.
Paid petition · District of Columbia Court of Appeals, No. 18-CV-919 · judgment June 18, 2020
Before the decision, well below the 4.1% base rate: the model weighted this down for no court below (an original writ).
Questions presented
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When the District of Columbia Anti-SLAPP Act is applied to a lawsuit, the plaintiff is required to produce legally sufficient evidence for his claim, prior to the conduct of any discovery. In a defamation lawsuit, does the application of the Act to dismiss the claim of a public figure plaintiff—not afforded any discovery into the mental state of the defendant—violate the Due Process Clause and the principles laid down by the Court in Herbert v. Lando, when the dismissal is based on the plaintiff’s failure to produce evidence of the defendant’s subjective mental state of “actual malice”?
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Whether, in the absence of any guidance from this Court on the scope of a “particular public controversy” giving rise to the defamation, the District of Columbia Court of Appeals’ application of Gertz v. Robert Welch, Inc. was erroneously and unconstitutionally overbroad?
Counsel of record
For petitioner
Alan S. Lewis
Carter Ledyard & Milburn LLP
For respondent
Christina Hull Eikhoff
Alston & Bird LLP
Case
Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, January 11, 2021 · Certiorari denied
Proceedings
- Jan 11 2021Petition DENIED.
- Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 15 2020Waiver of right of respondents Orbis Business Intelligence Limited, et al. to respond filed.
- Nov 16 2020Petition for a writ of certiorari filed. (Response due December 21, 2020)