590 F.Supp.3d 575
S.D.N.Y.2022Background:
- E. Jean Carroll filed a state-court defamation complaint against Donald J. Trump; the case was removed to federal court and the government's motion to substitute the United States as defendant was denied.
- New York substantially amended its anti-SLAPP law effective November 10, 2020, expanding remedies and creating heightened pleading and evidentiary rules for covered claims.
- Trump (in his personal capacity) moved on January 11, 2022 for leave to amend his answer to add (a) an affirmative defense invoking NY Civil Rights Law §§ 70-a and 76-a, and (b) a counterclaim under the amended anti-SLAPP statute seeking fees and damages.
- The proposed affirmative defense consisted solely of invoking the anti-SLAPP statute; the proposed counterclaim sought relief and fees under the same statute.
- The Court denied leave to amend as futile because the anti-SLAPP provisions do not supply an affirmative defense that defeats Carroll’s allegations and most of the relevant anti-SLAPP procedures conflict with Federal Rules in federal court; alternatively, the Court denied leave for undue delay, dilatory motive/bad faith, and prejudice to Carroll.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proposed affirmative defense invoking NY anti-SLAPP is legally sufficient | Carroll: the defense is futile because it alleges no new facts and, if her allegations are true, anti-SLAPP cannot defeat her claim | Trump: anti-SLAPP bars baseless suits and should operate as a defense | Held: Defense is futile — anti-SLAPP does not create a fact-based affirmative defense that defeats Carroll if her allegations are true |
| Whether a counterclaim under amended NY anti-SLAPP law is cognizable in federal court | Carroll: provisions (CPLR 3211(g)/3212(h)/§70-a) conflict with FRCP 12/56 and thus are inapplicable | Trump: anti-SLAPP provides procedural mechanisms (dismissal, stay, fees) he may invoke in federal court | Held: Most procedural anti-SLAPP provisions conflict with FRCP and are inapplicable in federal court (following La Liberte); §70-a also conflicts and need not be applied here |
| Whether the court may test futility now or defer to later motion practice | Carroll: court should adjudicate futility on leave motion | Trump: court should allow amendment and litigate anti-SLAPP mechanisms later | Held: Court may and must decide futility on a motion for leave to amend; here futility supported denial |
| Whether leave should be denied for delay, dilatory motive, bad faith, or prejudice | Carroll: Trump delayed 14 months after amendment and has used repeated tactics to delay; amendment would enable further delay and prejudice | Trump: delay excused by counsel substitution and presidential status; wants ability to use anti-SLAPP motions at appropriate times | Held: Alternative denial granted — defendant unjustifiably delayed, has shown dilatory/bad-faith litigation tactics, and amendment would unduly prejudice Carroll |
Key Cases Cited
- Foman v. Davis, 371 U.S. 178 (1962) (leave to amend generally favored but may be denied for futility, bad faith, delay, or prejudice)
- IBEW Local Union No. 58 Pension Trust Fund & Annuity Fund v. Royal Bank of Scotland Group, PLC, 783 F.3d 383 (2d Cir.) (standard for denying leave to amend on futility mirrors Rule 12(b)(6) review)
- La Liberte v. Reid, 966 F.3d 79 (2d Cir.) (state anti‑SLAPP special‑motion procedural regime conflicts with Federal Rules and cannot be applied in federal court)
- Shady Grove Orthopedic Assocs. P.A. v. Allstate Ins. Co., 559 U.S. 393 (2010) (analysis of when Federal Rules preempt conflicting state procedural rules)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (federal plausibility pleading standard)
- Celle v. Filipino Rep. Enters., Inc., 209 F.3d 163 (2d Cir.) (actual malice standard in defamation cases requires clear and convincing evidence)
- Abbas v. Foreign Policy Grp., LLC, 783 F.3d 1328 (D.C. Cir.) (construing conflict between anti‑SLAPP special‑motion regime and federal procedural rules)