Massachusetts Anti-SLAPP Acts & Laws
Last updated 2017-06-24
M.G.L.A. 231 § 59H. Strategic litigation against public participation; special motion to dismiss
In any case in which a party asserts that the civil claims, counterclaims, or cross claims against said party are based on said party’s exercise of its right of petition under the constitution of the United States or of the commonwealth, said party may bring a special motion to dismiss. The court shall advance any such special motion so that it may be heard and determined as expeditiously as possible. The court shall grant such special motion, unless the party against whom such special motion is made shows that: (1) the moving party’s exercise of its right to petition was devoid of any reasonable factual support or any arguable basis in law and (2) the moving party’s acts caused actual injury to the responding party. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
The attorney general, on his behalf or on behalf of any government agency or subdivision to which the moving party’s acts were directed, may intervene to defend or otherwise support the moving party on such special motion.
All discovery proceedings shall be stayed upon the filing of the special motion under this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion.
Said special motion to dismiss may be filed within sixty days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper.
If the court grants such special motion to dismiss, the court shall award the moving party costs and reasonable attorney’s fees, including those incurred for the special motion and any related discovery matters. Nothing in this section shall affect or preclude the right of the moving party to any remedy otherwise authorized by law.
As used in this section, the words “a party’s exercise of its right of petition” shall mean any written or oral statement made before or submitted to a legislative, executive, or judicial body, or any other governmental proceeding; any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other governmental proceeding; any statement reasonably likely to encourage consideration or review of an issue by a legislative, executive, or judicial body or any other governmental proceeding; any statement reasonably likely to enlist public participation in an effort to effect such consideration; or any other statement falling within constitutional protection of the right to petition government.
UNIFORM LAWS PROJECT
Drafting Committee for a Uniform Anti-SLAPP Act (mostly lately called the "Uniform Public Expression Protection Act"), began its project in 2017 and hopes to submit final Uniform Act by 2020. The author of this website, Jay D. Adkisson, is the American Bar Association's Business Law Section Adviser to this Committee, and the originator of this Uniform Law Commission project. Click here for more.
ARTICLES ON ANTI-SLAPP
ARTICLES CURRENT
2020.08.29 ... Federal Anti-SLAPP Legislation Re-Introduced In Congress But Needs Updating
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UNITED STATES ANTI-SLAPP LAWS
Arizona ..... A.R.S. § 12-751, et seq.
Alabama ..... No Anti-SLAPP statute when last checked.
Alaska ..... No Anti-SLAPP statute when last checked.
Arkansas ..... A.C.A. § 16-63-502, et seq.
California ..... C.C.P. § 425.16, et seq.
Colorado ..... No Anti-SLAPP statute when last checked.
Connecticut ..... No Anti-SLAPP statute when last checked.
Delaware ..... 10 Del.C. § 8136, et seq.
Florida ..... F.S. § 768.295
Georgia ..... Ga.C. § 9-11-11.1.
Hawaii ..... HRS § 634F-1, et seq.
Idaho ..... No Anti-SLAPP statute when last checked.
Illinois ..... 735 ILCS 110/1, et seq.
Indiana ..... I.C. § 34-7-7-1, et seq.
Iowa ..... No Anti-SLAPP statute when last checked.
Kansas ..... Kan.Stat. § 60-5320
Kentucky ..... No Anti-SLAPP statute when last checked.
Louisiana ..... C.C.P. Art. 971
Maine ..... 14 Me.R.S. § 556
Maryland ..... MD Code, Courts & Jud. Proceedings § 5-807
Massachusetts ..... M.G.L. 231 § 59H
Michigan ..... No Anti-SLAPP statute when last checked.
Minnesota ..... Mn.Stat. § 554.01, et seq.
Mississippi ..... No Anti-SLAPP statute when last checked.
Missouri ..... Mo.Stat. § 537.528
Montana ..... No Anti-SLAPP statute when last checked.
Nebraska ..... Neb.Rev.Stat. § 25-21, 242, et seq.
Nevada ..... N.R.S. § 41.635, et seq.
New Hampshire ..... No Anti-SLAPP statute when last checked.
New Jersey ..... No Anti-SLAPP statute when last checked.
New Mexico ..... N.Mex.Stat. § 38-2-9.1, et seq.
New York ..... N.Y.Civ.Rights.L. § 70-a.
North Carolina ..... No Anti-SLAPP statute when last checked.
North Dakota ..... No Anti-SLAPP statute when last checked.
Ohio ..... No Anti-SLAPP statute when last checked.
Oklahoma ..... Okla.Stat. § 12-1430, et seq.
Oregon ..... O.R.S. § 31.150, et seq.
Pennsylvania ..... 27 Pa.C.S.A. § 7707.
Rhode Island ..... R.I.Gen.Laws § 9-33-1, et seq.
South Carolina ..... No Anti-SLAPP statute when last checked.
South Dakota ..... No Anti-SLAPP statute when last checked.
Tennessee ..... Tenn.Stat. § 4-21-1001, et seq.
Texas ..... Tex.Civ.Prac. & Rem.Code § 27.001, et seq.
Utah ..... Utah Code § 78B-6-1401, et seq.
Vermont ..... 12 V.S. § 1041.
Virginia ..... No Anti-SLAPP statute when last checked.
Washington ..... Wa.Stat. § 4.24.525.
West Virginia ..... No Anti-SLAPP statute when last checked.
Wisconsin ..... No Anti-SLAPP statute when last checked.
Wyoming ..... No Anti-SLAPP statute when last checked.
District of Columbia ..... D.C.St. § 16-5501, et seq.
Guam ..... 7 G.C.A. § 17101, et seq.
Puerto Rico ..... No Anti-SLAPP statute when last checked.
U.S. Virgin Islands ..... No Anti-SLAPP statute when last checked.
FEDERAL LEGISLATION: Speak Free Act of 2015 (not enacted, presumed dead).
CONTENTS OF THE UNIFORM PUBLIC EXPRESSION PROTECTION ACT
SECTION 1 ... SHORT TITLE
SECTION 2 ... SCOPE
SECTION 3 ... SPECIAL MOTION FOR EXPEDITED RELIEF
SECTION 4 ... STAY
SECTION 5 ... HEARING
SECTION 6 ... PROOF
SECTION 7 ... [DISMISSAL OF] [STRIKING] CAUSE OF ACTION IN WHOLE OR PART
SECTION 8 ... RULING
SECTION 9 ... APPEAL
SECTION 10 ... COSTS, ATTORNEY'S FEES, AND EXPENSES
SECTION 11 ... CONSTRUCTION
SECTION 12 ... UNIFORMITY OF APPLICATION AND CONSTRUCTION
SECTION 13 ... TRANSITIONAL PROVISION
[SECTION 14 ... SAVINGS CLAUSE]
[SECTION 15 ... SEVERABILITY]
[SECTION 16 ... REPEALS; CONFORMING AMENDMENTS]
SECTION 17 ... EFFECTIVE DATE
OTHER INFORMATIONAL WEBSITES
by Jay D. Adkisson
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- 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.
- 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.
- 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.
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© 2020 by Jay D. Adkisson. All Rights Reserved. No claim to original government works. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction. Questions about this website should be directed to jay [at] jayad.com or by phone to 702-953-9617 or by fax to 877-698-0678. This website is https://antislapplaws.com