Michael Lawrence Lombardo v. Hannah Lee Goodine

Summary

The United States District Court for the District of Connecticut denied the defendant’s Rule 12(b)(1) motion to dismiss a defamation action and denied a motion to certify a question to the Connecticut Supreme Court. The court held that Connecticut’s anti-SLAPP statute, Conn. Gen. Stat. § 52-196a, does not confer immunity or deprive a federal court of subject matter jurisdiction. The court also concluded that certification would not affect the jurisdictional issue before it.

Holdings

1. Section 52-196a does not confer immunity from suit and does not deprive the federal court of subject matter jurisdiction. State-created immunity defenses, even if applicable on the merits, do not limit the jurisdiction of a federal court.
2. Connecticut's anti-SLAPP special motion to dismiss cannot be used in federal court where it conflicts with or answers the same question as the Federal Rules of Civil Procedure. The federal procedural rules govern.
3. Certification is denied because Connecticut appellate authority states that § 52-196a does not implicate subject matter jurisdiction, and any contrary state-law determination would not affect the federal court's jurisdictional analysis.

Questions Presented

1. Whether Connecticut General Statutes § 52-196a provides immunity from suit that deprives a federal court of subject matter jurisdiction over a defamation action.
2. Whether Connecticut's anti-SLAPP procedure may be used in federal court to obtain dismissal or otherwise circumvent the Federal Rules of Civil Procedure.
3. Whether the court should certify to the Connecticut Supreme Court the question whether a successful anti-SLAPP motion implicates the subject matter jurisdiction of a trial court.

Disposition

other