No. 25-951

Morgan Banks, et al. v. David H. Hoffman, et al.

Lower Court: District of Columbia
Docketed: 2026-02-10
Status: Pending
Type: Paid
Response Waived
Tags: anti-slapp congressional-mandate d-c-council federal-rules home-rule-act superior-court
Latest Conference: 2026-03-20
Question Presented (from Petition)

1. May the D.C. Council impose the D.C. Anti-SLAPP Act's special-motion-to-dismiss procedures in Superior Court notwithstanding Congress's command (codified in D.C. Code § 11-946) that the court conduct its business under the Federal Rules of Civil Procedure and the Home Rule Act's bar on Council legislation "with respect to any provision of Title 11," D.C. Code § 1-206.02(a)(4)?

2. May anti-SLAPP special-motion procedures that stay discovery and require an early merits showing before discovery—thereby displacing Rules 12 and 56, including Rule 56(d)—operate in courts required to conduct their business under the Federal Rules of Civil Procedure?

Question Presented (AI Summary)

May the D.C. Council impose the D.C. Anti-SLAPP Act's special-motion-to-dismiss procedures in Superior Court notwithstanding Congressional mandates regarding federal rules of civil procedure?

Docket Entries

2026-02-25
DISTRIBUTED for Conference of 3/20/2026.
2026-02-23
Waiver of David H. Hoffman, Sidley Austin LLP, Sidley Austin (DC) LLP of right to respond submitted.
2026-02-23
Waiver of American Psychological Association of right to respond submitted.
2026-02-23
Waiver of right of respondent David H. Hoffman, Sidley Austin LLP, Sidley Austin (DC) LLP to respond filed.
2026-02-23
Waiver of right of respondent American Psychological Association to respond filed.
2026-02-20
Waiver of right of respondent District of Columbia to respond filed.
2026-02-06
Petition for a writ of certiorari filed. (Response due March 12, 2026)

Attorneys

American Psychological Association
Randall A. BraterArent Fox LLP, Respondent
David H. Hoffman, Sidley Austin LLP, Sidley Austin (DC) LLP
Thomas G. HentoffWilliams & Connolly, Respondent
District of Columbia
Carl James SchifferleDistrict of Columbia Office of Attorney General, Respondent
Morgan Banks, et al.
Bonny Jo ForrestAttorney at Law, Petitioner