The defendant hospital contended that the nurses lawsuit constituted an illegal SLAPP suit
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.
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.
The goal of a SLAPP suit
is not to win on the merits, but rather to discourage the defendant's right to free speech through the prospect of ruinously expensive litigation.
The Anti-SLAPP procedures usually involved the right to stop a lawsuit much earlier in the typical litigation process and potentially recover costs for defending against the SLAPP suit
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.
This was what California's Anti Slapp Suit
Law was designed to prevent.
In a classic SLAPP suit
a developer might sue an environmentalist who has opposed the developer's application for a building permit.
1999) (dismissing a tortious interference lawsuit on the grounds that it was a SLAPP suit
under the statute).