Adkisson's

Anti-SLAPP

Anti-Strategic Lawsuit Against Public Participation

Last updated 2017-06-27

 

R.I.Gen.Laws § 9-33-1. Findings

 

The legislature finds and declares that full participation by persons and organizations and robust discussion of issues of public concern before the legislative, judicial, and administrative bodies and in other public fora are essential to the democratic process, that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances; that such litigation is disfavored and should be resolved quickly with minimum cost to citizens who have participated in matters of public concern.

 

R.I.Gen.Laws § 9-33-2. Conditional immunity

 

(a) A party's exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions in connection with a matter of public concern shall be conditionally immune from civil claims, counterclaims, or cross-claims. Such immunity will apply as a bar to any civil claim, counterclaim, or cross-claim directed at petition or free speech as defined in subsection (e) of this section, except if the petition or free speech constitutes a sham. The petition or free speech constitutes a sham only if it is not genuinely aimed at procuring favorable government action, result, or outcome, regardless of ultimate motive or purpose. The petition or free speech will be deemed to constitute a sham as defined in the previous sentence only if it is both:

 

(1) Objectively baseless in the sense that no reasonable person exercising the right of speech or petition could realistically expect success in procuring the government action, result, or outcome, and

 

(2) Subjectively baseless in the sense that it is actually an attempt to use the governmental process itself for its own direct effects. Use of outcome or result of the governmental process shall not constitute use of the governmental process itself for its own direct effects.

 

(b) The court shall stay all discovery proceedings in the action upon the filing of a motion asserting the immunity established by 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 motion.

 

(c) The immunity established by this section may be asserted by an appropriate motion or by other appropriate means under the applicable rules of civil procedure.

 

(d) If the court grants the motion asserting the immunity established by this section, or if the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions in connection with a matter of public concern is, in fact, the eventual prevailing party at trial, the court shall award the prevailing party costs and reasonable attorney's fees, including those incurred for the motion and any related discovery matters. The court shall award compensatory damages and may award punitive damages upon a showing by the prevailing party that the responding party's claims, counterclaims, or cross-claims were frivolous or were brought with an intent to harass the party or otherwise inhibit the party's exercise of its right to petition or free speech under the United States or Rhode Island constitution. Nothing in this section shall affect or preclude the right of the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions to any remedy otherwise authorized by law.

 

(e) As used in this section, "a party's exercise of its right of petition or of free speech" 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; or any written or oral statement made in connection with an issue of public concern.

 

R.I.Gen.Laws § 9-33-3. Intervention

 

Any governmental agency or subdivision to which the party's petition or free speech were directed or the attorney general may intervene to defend or otherwise support the party claiming lawful exercise of its right of petition or of free speech under United States or Rhode Island constitution.

 

R.I.Gen.Laws § 9-33-4. Construction of chapter

 

Nothing contained in this chapter shall be construed to limit or affect any additional constitutional, statutory, or common law protections of defendants in actions involving their exercise of rights of petition or of free speech.

 

 

UNIFORM LAWS PROJECT

 

Drafting Committee for Uniform Anti-SLAPP Act (or whatever it ends up being called), began project 2017 and hopes to submit final Uniform Act by 2020 -- see http://uniformlaws.org/Committee.aspx?title=Anti-Slapp and note that any interested person can register as an Observer and attend and participate in meetings. 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.

 

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

 

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).

 

OTHER INFORMATIONAL WEBSITES BY JAY ADKISSON

 

  • Jay Adkisson - More about Jay D. Adkisson, background, books, articles, speaking appearances.

 

  • 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.

 

  • Asset Protection Book - The all-time best-selling book on asset protection planning by Jay Adkisson and Chris Riser.

 

  • Judgment Collection - An explanation of common creditor remedies, strategies and tactics to enforce a judgment, including a discussion of common debtor asset protection strategies.

 

  • 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.

 

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

 

  • 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.

 

© 2019 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. Other. 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