What is an anti-SLAPP claim?
The California anti-SLAPP statute allows defendants to seek the dismissal of a complaint at the beginning of the lawsuit, before the expensive and time-consuming discovery process begins. Filing a “special motion to strike” halts the discovery process.
How does anti-SLAPP work?
To protect freedom of speech some jurisdictions have passed anti-SLAPP laws (often called SLAPP-back laws). These laws often function by allowing a defendant to file a motion to strike and/or dismiss on the grounds that the case involves protected speech on a matter of public concern.
What is a Slapp action?
Definition. Stands for Strategic Lawsuit Against Public Participation. Lawsuit filed strategically by a corporation against a group or activist opposing certain action taken by the corporation, usually in the realm of an environmental protest.
Who files a Slapp suit?
SLAPP suits arise when citizens erect signs on their own property, speak at public meetings, report violations of environmental laws, testify before Congress or state legislatures, or protest publicly, among many other similar acts, thereby prompting a party who claims to be aggrieved by such acts — often developers.
Who is the target of a Slapp suit?
SLAPPs target civil society advocates, community leaders, journalists, whistleblowers, and everyday people who exercise their Constitutional rights. SLAPPs masquerade as ordinary civil lawsuits, but their true purpose is to silence criticism.
What is a Slapp back motion?
(1) “SLAPPback” means any cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior cause of action that has been dismissed pursuant to a special motion to strike under Section 425.16.
Is anti-SLAPP an affirmative defense?
Affirmative Defense Cannot Be Stricken Under Anti-SLAPP Statute—C.A. An anti-SLAPP motion may not be directed to an affirmative defense, Div. Three of the Fourth District Court of Appeal has held, adding that there is no exception where the defendant seeks a set off by way of an affirmative defense.
What does an anti SLAPP motion stand for?
Contrary to the name, an anti-SLAPP motion is not a motion that has anything to do with slapping anyone. SLAPP is an acronym for Strategic Lawsuit Against Public Participation.
How to invoke the anti SLAPP statute in Texas?
First, you (as the party looking to invoke the anti-SLAPP statute) must show “by a preponderance of the evidence” that the plaintiff’s claim is ” based on, relates to, or is in response to ” your exercise of the speech/petition/association rights described above.
When to consult an attorney for a SLAPP case?
Upon learning of a lawsuit against you that you think may be a SLAPP, you should consult an attorney; while legal help is expensive, if your motion to dismiss succeeds the court will grant you attorneys’ fees. One of the benefits of the anti-SLAPP statute is that it enables you to get the SLAPP suit dismissed quickly.
Can a SLAPPback claim be filed in Texas?
While Texas does not have a special form of process for a “SLAPPback” claim, the elements of a malicious prosecution claim are similar. You should consult an attorney to see whether such a claim may be viable in your case.