Cecily Zamora
Massachusetts' anti-SLAPP law, passed in 1994, is intended to address strategic lawsuits against public participation. The law allows a defendant who believes they have been targeted for exercising their right to petition to file a special motion to dismiss early in the process. The anti-SLAPP statute creates a two-stage analysis of special motions to dismiss, with the first stage focusing on the merits of the claims and the second stage evaluating any non-petitioning activity. The Massachusetts Supreme Judicial Court has recently simplified its approach to the state's anti-SLAPP law, aiming to provide greater protection to those who petition the government.
| Characteristics | Values |
|---|---|
| What is SLAPP? | Strategic lawsuits against public participation |
| When was the Massachusetts Anti-SLAPP Law passed? | 1994 |
| What does the law do? | Allows a defendant who believes they have been targeted because of the exercise of their right to petition to file a special motion to dismiss early in the process |
| When can the special motion to dismiss 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 |
| Who can intervene to defend or support the defendant in the motion to dismiss? | The state attorney general, on his or her own behalf or on behalf of any government body to which the SLAPP defendant’s acts were directed |
| What happens if the court denies the anti-SLAPP motion? | The defendant is entitled to appeal that decision immediately |
| What happens if the court grants the motion? | The court will impose attorney’s fees and costs on the plaintiff |
| What is the scope of the law? | Relatively narrow. It only protects the right to petition the government under the U.S. and Massachusetts constitutions |
| What is the two-stage analysis of special motions to dismiss? | First, the proponent of the motion must establish that the claims against it are based on its petitioning activity. Second, if this burden is met, the motion must be granted unless the opponent demonstrates that the petitioner's exercise of their right to petition was devoid of any reasonable factual support or any arguable basis in law, and caused actual injury to the opponent |
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What You'll Learn
- The Massachusetts anti-SLAPP law allows defendants to file a motion to dismiss a complaint
- The court will hear and decide on the motion as expeditiously as possible
- If the motion is denied, the defendant can appeal the decision immediately
- If the motion is granted, the plaintiff must pay the defendant's attorney's fees and costs
- The anti-SLAPP law only protects the right to petition the government
The Massachusetts anti-SLAPP law allows defendants to file a motion to dismiss a complaint
Massachusetts has an anti-SLAPP law, which stands for Strategic Litigation Against Public Participation. This law allows a defendant to file a motion to dismiss a complaint if they believe they have been targeted because of their right to petition the government under the U.S. and Massachusetts constitutions. The defendant has to file this special motion to dismiss within sixty days of the service of the complaint. However, the court may allow the defendant to file at any later time upon terms it deems proper.
The court will then hear and decide on this motion "as expeditiously as possible." During this time, discovery activities are placed on hold unless the judge permits discovery to continue for good cause. If the court grants the motion to dismiss, it will impose attorney's fees and costs on the plaintiff. On the other hand, if the court denies the motion, the defendant can appeal that decision immediately.
It is important to note that the Massachusetts anti-SLAPP law is relatively narrow in scope. The state's highest court has limited the definition of the petition right to statements made on one's "own behalf." As a result, the anti-SLAPP law does not apply to objective, factual news reports by journalists, even if they concern issues under review by a government body and aim to enlist public participation.
Additionally, at least one federal court has held that Massachusetts's anti-SLAPP law is a procedural rule, making it inapplicable in federal court.
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The court will hear and decide on the motion as expeditiously as possible
Massachusetts has an anti-SLAPP law, which allows a defendant to file a motion to dismiss a complaint. This motion to dismiss can be filed within 60 days of being served with the complaint, or at the court's discretion, at any later time. The motion must be heard and decided on "as expeditiously as possible" by the court. This means that the court will hear and rule on the motion quickly, and the plaintiff generally cannot engage in "discovery" during this time. Discovery activities are placed on hold until the court rules on the motion, and the plaintiff may not ask the defendant to produce documents, sit for a deposition, or answer formal written questions without the court's permission.
The anti-SLAPP motion will be granted unless the plaintiff can show that the defendant's claimed exercise of the petition right lacked any reasonable factual support or arguable basis in law, and that their acts caused actual injury to the plaintiff. The court will consider the complaint, the SLAPP defendant's motion to dismiss, and any sworn statements containing facts on which these documents are based. If the motion is granted, the court will impose attorney's fees and costs on the plaintiff.
It is important to note that the anti-SLAPP statute in Massachusetts does not protect "free speech" in the abstract, but only statements that fit within certain defined categories. Additionally, at least one federal court has held that Massachusetts's anti-SLAPP law is a procedural rule and thus inapplicable in federal court. If the anti-SLAPP motion is denied, the defendant has the right to appeal that decision immediately.
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If the motion is denied, the defendant can appeal the decision immediately
Massachusetts's anti-SLAPP law is relatively narrow in its scope. SLAPP stands for Strategic Lawsuits Against Public Participation, which are legal claims based solely on a person's petitioning of the government. The Massachusetts anti-SLAPP law allows a defendant to file a motion to dismiss a complaint, which the court will hear and decide as soon as possible.
The anti-SLAPP statute creates a two-stage analysis of special motions to dismiss. The first stage involves the proponent of the motion establishing that the claims against them are based on their petitioning activity. If this burden is met, the motion to dismiss must be granted unless the opponent demonstrates that the motion proponent's exercise of their right to petition was without any reasonable factual support or basis in law, and caused them actual injury.
The Massachusetts Supreme Judicial Court has simplified its approach to the state's anti-SLAPP law, which protects the public's First Amendment right to petition the government. This simplification was intended to address the issues caused by the Blanchard standard, which strayed from the statutory language and imposed complexity that lengthened the time it took for parties to litigate and for judges to rule on motions.
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If the motion is granted, the plaintiff must pay the defendant's attorney's fees and costs
Massachusetts has an anti-SLAPP law, which stands for Strategic Litigation Against Public Participation. This law allows a defendant to file a special motion to dismiss a complaint if they believe they have been targeted for exercising their right to petition the government under the U.S. and Massachusetts constitutions. The court will hear and decide on this motion as soon as possible.
If the court grants the special motion to dismiss, the plaintiff must pay the defendant's attorneys' fees and costs. This is to compensate the defendant for the legal expenses incurred in defending against the frivolous lawsuit. The defendant is entitled to recover all reasonable and necessary expenses incurred in defending the case, including court costs and attorney's fees. The plaintiff may be required to pay these fees within a specified time frame, as dictated by the court.
The defendant can claim attorney's fees by filing a motion or including them in the memorandum of costs. The court may also decide to award attorney's fees to the defendant without a specific motion if the substantive law requires those fees to be proved at trial as an element of damages. The defendant must provide evidentiary material to support their claim for fees, and the court may adjust the final amount awarded based on its review.
It is important to note that the rules and procedures for awarding attorney's fees may vary depending on the jurisdiction and the specific circumstances of the case. In some cases, the court may consider factors such as the complexity of the case, the skills of the attorneys, and the presence of any duplicative work when determining the reasonable amount of attorney's fees to be awarded.
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The anti-SLAPP law only protects the right to petition the government
Massachusetts has an anti-SLAPP law in place, which stands for Strategic Lawsuits Against Public Participation. The law is relatively narrow in scope and only protects the right to petition the government under the U.S. and Massachusetts constitutions. This means that it allows a defendant who believes they have been targeted because of their right to petition to file a special motion to dismiss early in the process. The court will then decide on this motion as quickly as possible.
The anti-SLAPP law in Massachusetts is designed to protect individuals from strategic lawsuits that are intended to censor, intimidate, and silence critics by burdening them with legal defence costs. In such cases, the plaintiff does not usually expect to win but instead aims to intimidate the defendant into abandoning their criticism or opposition.
The Massachusetts anti-SLAPP law is limited to statements made on one's "own behalf", as per the state's highest court. This means that it does not apply to objective, factual news reports by journalists, even if the report concerns an issue under review by a government body.
The law allows the state attorney general to intervene and defend or support the defendant in the motion to dismiss. If the motion is denied, the defendant can immediately appeal the decision. If the motion is granted, the court will impose attorney's fees and costs on the plaintiff.
The anti-SLAPP law in Massachusetts is an important protection for individuals exercising their right to petition the government, ensuring they can do so without fear of costly and intimidating legal repercussions.
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Frequently asked questions
SLAPP stands for Strategic Lawsuits Against Public Participation.
The Massachusetts anti-SLAPP law allows a defendant to file a motion to dismiss a complaint if they believe they have been targeted for exercising their right to petition. The court will then decide on the motion "as expeditiously as possible".
If the motion is granted, the court will impose attorney's fees and costs on the plaintiff.
If the motion is denied, the defendant is entitled to appeal that decision immediately.
