The plaintiff then filed an abuse-of-process claim, which the defendant sought to dismiss as an illegal SLAPP suit
. Specifically, the plaintiff alleged that the defendant asserted its counterclaim to pressure the plaintiff to give financial or business concessions and that the defendant was acting in bad faith.
significance." (153) Defending against a SLAPP suit
Ellis urged the court hearing the case against Sheen to dismiss it."The fact that General Ziv is not suing Channel 2, who first reported the allegations, or Israel Army Radio or The Electronic Intifada, but is instead targeting an independent journalist who is more financially vulnerable to this type of harassment, indicates that this is a classic SLAPP suit
that should not be allowed to proceed,"
It allowed the court to award actual damages to a defendant in a SLAPP suit
by a governmental entity and required the award of attorneys' fees and costs to the prevailing party.
Many of you have heard the term "SLAPP," the acronym for "strategic lawsuit against public participation." In California, along with many other states, a SLAPP suit
can be brought against a plaintiff whose claim "seeks to chill or punish a party's exercise of constitutional rights to free speech and to petition the government for redress of grievances" The anti-SLAPP statute allows courts to decide SLAPP suits
using a special motion to strike -- akin to a summary judgment motion.
(111) One judge in an early SLAPP suit
noted, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined." (112)
To understand how state anti-SLAPP special motions interact with Rule 12, it is imperative to first understand what a SLAPP suit
is, and why and how state legislatures have worked to counteract them.
Whether a lawsuit is actually a SLAPP suit
is a question of fact for the judge or jury to decide, but without any statute to apply in the current case, this determination will not be made.
The archetypal SLAPP suit
is a frivolous claim that is never filed for the purpose of succeeding on the merits in a courtroom.
It hit the Innisfil District Association, Donnelly and others with what Donnelly describes as a Strategic Lawsuit Against Public Participation (SLAPP suit
) consisting of a de facto libel notice and costs claim.
THE COURT OF APPEAL OF CALIFORNIA AFFIRMED THE JUDGMENT OF THE TRIAL COURT AND CONFIRMED THAT THE HOSPITAL'S SUIT WAS A 'SLAPP SUIT
? The court held, inter alia, that the hospital's suit was exactly the type of suit which the state's Anti Slapp Statute was designed to prevent as a matter of public policy.
In order to combat litigants' improper use of the courts in this way, the New York legislature has passed a law empowering the courts to award attorneys' fees to people victimized by SLAPP suits
. (75) However, if an LSC grantee is representing a client who is then hit with a SLAPP suit
, the lawyer could not represent the client in seeking an attorneys' fee award against the SLAPP suit