Melius v. Keiffer

In February 2006, David Melius filed a lawsuit against Maple Area Residents, Inc. (MARI), a neighborhood association in the Carrollton neighborhood of New Orleans that had opposed the construction of a new bar Melius wished to build, and two of its board members, David Keiffer and Thomas Milliner. The suit alleges defamation, abuse of process, malicious prosecution, and intentional infliction of emotional distress based on statements the defendants made on the group’s website, Maple Area Residents, Inc., at city council meetings, in letters to officials, and in an appeal to the Board of Zoning Adjustments.

Melius claimed, among other things, defamation based on defendants’ statements that he "had received special treatment from the City[,] had made a ‘backroom deal’ with City officials," and "had broken various promises." Melius v. Keiffer, 2008 WL 659582 (La. App. 4 Cir., March 12, 2008).

On August 16, 2006, the Civil District Court, Orleans Parish dismissed the lawsuit pursuant to Louisiana’s anti-SLAPP statute, La. C.C.P. art. 971. On March 12, 2008, the Court of Appeal of Louisiana affirmed the dimissal, finding that the defendants' statements "fall under the purview of protected free speech [regarding a public issue]." Slip Op. at 6.

On March 12, 2008, the Court of Appeal of Lousiana, Fourth Circuit, affirmed the lower court's dismissal.