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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


Certiorari denied · January 11, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for no court below (an original writ).

Questions presented

  1. 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”?

  2. 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

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 15 2020
    Waiver of right of respondents Orbis Business Intelligence Limited, et al. to respond filed.
  4. Nov 16 2020
    Petition for a writ of certiorari filed. (Response due December 21, 2020)