Tom Spurgeon's Web site of comics news, reviews, interviews and commentary

March 6, 2007

Fantagraphics Files Appeal to Anti-Slapp Ruling in Ellison Case

On March 1, attorneys for the defense in Harlan Ellison v. Fantagraphics Books, Inc., Gary Groth, and Kim Thompson filed an appeal to the United States Court of Appeals for the 9th Circuit regarding the recent ruling denying the defense's special motion to strike Ellison's. That ruling was handed down Feb. 2 and is outlined here and here.

Here's how the Court of Appeals operates, courtesy of the Journalist's Guide to the Federal Court:
"The appellant (petitioner) bears the burden of showing that the trial court or administrative agency made a legal error that affected the decision in the case. The court of appeals makes its decision based on the record of the case established by the trial court or agency. The court of appeals does not receive additional evidence or hear witnesses. The court of appeals also may review the factual findings made by the trial court or agency, but typically may overturn a decision on factual grounds only if the findings were 'clearly erroneous.'"

No timeline was immediately available for the appeals process in this case, though Kim Thompson stated via e-mail that attorneys told him to expect a "long haul."

This entry was written and placed by David P. Welsh as a favor to this site, without editorial oversight or intrusion.
posted 8:06 am PST | Permalink

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