A "SLAPP" lawsuit is a lawsuit that is intended to:
The idea is that they are filed to burden individuals with the cost of a legal defense in the hopes of subsequently draining their will to invoke their "right to freedom of speech."
The right to freedom of speech and petition are enshrined in the First Amendment.
In many jurisdictions, "SLAPP" lawsuits have been deemed illegal if they are found to have been filed with the intent to obstruct freedom of speech regarding "a matter of public concern."
Protected communications in a public forum about "a matter of public concern" include issues related to:
The issue is that SLAPP suits are being used to silenced and harass critics by forcing them to spend money to defend baseless claims. SLAPP lawsuits allow meritless claims to force individuals into what may be years of litigation and thousands of dollars spent on defense counsel.
If you feel that you have had a SLAPP suit brought against you with the intent to silence your speech regarding a matter of public concern, please call ReputationAttorneys.com to speak with an attorney about your matter.
"Anti-SLAPP Laws" were enacted to provide a remedy to SLAPP suits.
These laws are intended to prevent people from using a lawsuit, or the threat of a potential lawsuit, to intimidate people who are exercising their First Amendment Rights to speak freely about a matter of public concern.
The New York anti-SLAPP Statute, codified under New York Civil Rights Law Section 70-a and 76-a and New York Civil Practice Law and Rules ("CPLR") Section 3211(g) and 3212(h), give you the ability to file a motion to dismiss a complaint brought against you by someone trying to hinder your efforts to "report on, comment on, challenge, or oppose an application to the government."
The Public Participation Protection Act is
The following is the standard of proof required for a party prosecuting a motion to dismiss:
The following is the standard of proof required for a party seeking dismissal:
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