The D.C. Superior Court dismissed counterclaims brought by an individual writer against the climate scientist Michael Mann in Mann’s defamation lawsuit against National Review, the Competitive Enterprise Institute, and two individuals. The court said the writer had already availed himself of the remedy offered by D.C.’s anti-SLAPP (Strategic Lawsuit Against Public Participation) statute¬—i.e., a special motion to dismiss with lower burden of proof, a stay of discovery when the motion is pending, a special motion to quash discovery requests, and the recovery of attorneys fees. The court said the writer, having lost the special motion to dismiss, could not “seek the same remedy in the guise of a counterclaim”; the court concluded that the “Anti-SLAPP statute does not create an implied right to affirmatively assert a claim against the plaintiff.” The court also found that Mann’s lawsuit did not constitute state action and therefore dismissed the writer’s constitutional tort claim. In addition, the court found that the writer failed to allege elements of an abuse of process or a malicious prosecution claim. The court also declined to “create a new tort named abusive litigation.”

Defamation action brought by climate scientist against authors and publishers of articles about scientist's work.

Mann v. National Review, Inc.

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D.C. Court Dismissed Counterclaims in Climate Scientist’s Defamation Lawsuit

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D.C. Court Dismissed Counterclaims in Climate Scientist’s Defamation Lawsuit

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