Abbas v. Foreign Policy Grp., LLC, No. 13-7171 (D.C. Cir. 2015)
Annotate this CaseYasser Abbas is the son of current Palestinian leader Mahmoud Abbas. In 2012, the Foreign Policy Group published an article on its website about Yasser and his brother Tarek, asking: “Are the sons of the Palestinian president growing rich off their father’s system?” and “Have they enriched themselves at the expense of regular Palestinians – and even U.S. taxpayers?” Yasser filed suit, alleging defamation under D.C. law. The D.C. Anti-Strategic Lawsuits Against Public Participation Act of 2010 (Anti-SLAPP Act) requires courts, upon motion by the defendant, to dismiss defamation lawsuits that target political or public advocacy, unless the plaintiff can show a likelihood of success on the merits. Applying that law, the district court dismissed. The D.C. Circuit affirmed, holding that the allegations did not suffice to make out a defamation claim under D.C. law. The questions were not factual representations. The court acknowledged that a federal court exercising diversity jurisdiction may not apply the D.C. AntiSLAPP Act’s special motion to dismiss provision, which makes it easier for defendants to obtain dismissal before trial than the more plaintiff-friendly standards in Federal Rules 12 and 56.
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