Adkisson's

Anti-SLAPP

Anti-Strategic Lawsuit Against Public Participation

Anti-SLAPP stands for "Anti-Strategic Lawsuit Against Public Participation". A SLAPP lawsuit is one that isn't really meritorious, but instead has been brought to harass or retaliate against the defendant because the defendant has exercised an important and lawful right under the federal or state Constitution, or some other statute. The Anti-SLAPP laws adopted by many jurisdictions essentially give the defendant an opportunity by way of a special motion to have the plaintiff's lawsuit examined and thrown out at very early stage of the proceeding, so that the defendant doesn't have to waste time and resources litigating against a lawsuit which in the end would be a loser for the plaintiff anyway.

Example. Mary has a bad experience at a restaurant, and posts an honest review of her dining experience. MegaCorporation, which owns the restaurant chain, doesn't like to have bad reviews affecting its profitability, so it sues Mary for defamation to force her to take her review down. As Mary's review would ultimately be protected by the free speech clauses of the U.S. Constitution, Mary could file an Anti-SLAPP motion to have the case quickly dismissed so that MegaCorporation could not grind her down with years of litigation.

Procedurally, an Anti-SLAPP motion is a Motion to Dismiss with special attributes; think of it as a "Motion to Dismiss on Steroids". Generally, once the defendants proves that the lawsuit is mostly about the defendant's protected speech or conduct, the burden then shifts to the plaintiff to prove that the plaintiff has a substantial likelihood of ultimately prevailing in the litigation. This gives the Court the opportunity to examine the merits of the plaintiff's case, based not just on the plaintiff's pleadings but also upon the evidence, and to kick out those cases where the defendant would be likely to win anyway. In essence, Anti-SLAPP laws empower the Court to be a gatekeeper which can refuse to admit certain lawsuits involving protected rights which are significantly devoid of real merit.

 

C O M M O N      P A G E      F O O T E R

ARTICLES ON ANTI-SLAPP

 

2017.01.13 ... Minnesota Court Of Appeals Boots Clear And Convincing Anti-SLAPP Burden Of Proof

2015.8.29 ... A Call For A Uniform Anti-SLAPP Act

 

ANTI-SLAPP LAWS

STATES/TERRITORIES NOT HAVING ANTI-SLAPP LAWS: Alabama, Alaska, Colorado, Connecticut, Idaho, Iowa, Kentucky, Michigan, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Virginia, West Virginia, Wisconsin, Wyoming, Puerto Rico, U.S. Virgin Islands

OTHER INFORMATIONAL WEBSITES BY JAY ADKISSON

 

  • About Jay Adkisson - More about Jay D. Adkisson, background, books, articles, speaking appearances - https://jayadkisson.com/

 

  • Captive Insurance Companies - Licensed insurance companies formed by the parent organization to handle the insurance and risk management needs of the business, by the author of the best-selling book on the topic: Adkisson's Captive Insurance Companies - https://captiveinsurancecompanies.com/

 

 

  • Collecting On A Judgment - An explanation of common creditor remedies, strategies and tactics to enforce a judgment, including a discussion of common debtor asset protection strategies - https://collectingonajudgment.com/

 

  • Voidable Transactions - Discussion of the Uniform Voidable Transactions Act (a/k/a 2014 Revision of the Uniform Fraudulent Transfers Act) and fraudulent transfer law in general - https://voidabletransactions.com/

 

  • Private Retirement Plans - An exploration of a unique creditor exemption allowed under California law which can be very beneficial but is often misused - https://privateretirementplans.com/

 

  • Charging Orders - The confusing remedy against a debtor's interest in an LLC or partnership is explained in reference to the Uniform Partnership Act, the Uniform Limited Partnership Act, and the Uniform Limited Liability Company Act - https://chargingorder.com/

 

  • Protected Series LLCs - An examination of the single most complex statutory legal structure yet created, with particular reference to the Uniform Protected Series Act of 2017 - https://protectedseriesact.com/

 

  • California Enforcement of Judgments Law - Considers the topic of judgment enforcement in California, including the California Enforcement of Judgments Law and other laws related to California creditor-debtor issues - https://calejl.com/

 

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