Defending SLAPP Suits: Widening Circuit Split, Anti-SLAPP Motions, Cease and Desist Letters, Amended State Laws

Description

SLAPP and anti-SLAPP claims have become a staple in complex litigation. Bloggers, tweeters, companies, private citizens, or others who speak out alleging individual or company misconduct, unfair business practices, voicing opinions on matters of public interest, opposing zoning, opposing popular beliefs, and the like have sometimes found themselves defendants in spurious and retaliatory SLAPP suits. The object of such criticism often files suit or asserts counterclaims for a variety of baseless claims, including defamation, tortious interference with business or contract, unfair trade practices, restraint of trade, abuse of process, malicious prosecution, conspiracy, constitutional or civil rights violations, nuisance, and others.

Defending such claims can be and is intended to be difficult, expensive, and time-consuming. In response to SLAPP suits, well over half the states and the District of Columbia have adopted an anti-SLAPP statute. Some states also provide for "SLAPP-Back" suits.

Raising an anti-SLAPP motion to dismiss, and related strategic and procedural considerations, should be considered early on. Such motions can put the plaintiff on the defense and permit the defendant to control the case. The successful "defendant" may have the claims dismissed and may be entitled to recover attorneys' fees. More recently, a circuit split has developed over whether anti-SLAPP motions can be filed in federal court.

Listen as the panel discusses how to recognize SLAPP claims and lawsuits and best strategies and practices for asserting anti-SLAPP remedies and avoiding per se damages.