Legal Opinion

JOHN DOE NO. 1 v. SUSAN L. BURKE

District of Columbia Court of Appeals

Decided March 10, 2016No. 15-CV-690PublishedCited by 15 opinions

1Opinion of the Court

FARRELL, Senior Judge:

May an anonymous civil defendant who files and prevails on a special motion to quash a subpoena for identifying information under D.C.Code § 16-5503 (2012 RepL), part of the District’s Anti-SLAPP Act. (the Act), be awarded attorney’s fees under D.C.Code § 16-5504(a) without showing that the suit prompting the subpoena was frivolous or improperly motivated? We answer that question yes. We further hold, after considering the language and legislative history of the Act, that a successful movant under § 16-5503 is entitled to reasonable attorney’s fees in the ordinary course…

2Cases cited17 opinions

  1. Blum v. StensonSupreme Court of the United States · 1984
  2. Hughes v. RoweSupreme Court of the United States · 1980
  3. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  4. Russello v. United StatesSupreme Court of the United States · 1983
  5. Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994

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3Cited by15 opinions

  1. COMPETITIVE ENTERPRISE INSTITUTE AND RAND SIMBERG v. MICHAEL E. MANN, NATIONAL REVIEW, INC. v. MICHAEL E. MANNDistrict of Columbia Court of Appeals · 2016
  2. Justin Fairfax v. CBS CorporationCourt of Appeals for the Fourth Circuit · 2021
  3. Aston v. Chronicle-ProgressUtah Supreme Court · 2026
  4. Allen v. United StatesDistrict of Columbia Court of Appeals · 2026
  5. Banks v. HoffmanDistrict of Columbia Court of Appeals · 2023

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