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Robert "Bob" King v. Specialty Hospital of Washington, et al.

Paid petition · District of Columbia Court of Appeals, No. 18-CV-1112 · judgment September 8, 2021


Certiorari denied · October 11, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The District of Columbia, like three-fifths of the States, has an “anti-SLAPP” law, D.C. Code §§ 16-5501 to 16-5505 (2012), to discourage the filing of SLAPP suits - “Strategic Lawsuits Against Public Participa­ tion” - and to prevent them from imposing significant litigation costs and chilling protected speech. A central feature of most anti-SLAPP laws is a special motion to dismiss, which has the prospect of truncating or avoid­ ing discovery, summary judgment, and trial. Under the D.C. law, “[tjhe court shall hold an expedited hearing on the special motion to dismiss, and issue a ruling as soon as practicable after the hearing.” § 16-5502(d). Here the court granted the motion to dismiss without holding the expedited hearing. The questions presented are:

  1. Whether the mandatory expedited hearing on a special motion to dismiss under an antiSLAPP law is necessary to prevent a depriva­ tion of fundamental procedural rights.

  2. Whether the courts have a heightened obliga­ tion to preserve the rights of litigants under anti-SLAPP laws where one party appears pro se.

Counsel of record

For petitioner
Robert 'Bob' King

For respondent
Andrew Butz
Kiernan Trebach LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 11 2022
    Petition DENIED.
  2. Sep 14 2022
    DISTRIBUTED for Conference of 10/7/2022.
  3. Sep 09 2022
    Reply of petitioner Robert King filed.
  4. Aug 25 2022
    Brief of respondents Specialty Hospital of Washington, et al. in opposition filed.
  5. Jul 21 2022
    Petition for a writ of certiorari filed. (Response due August 25, 2022)