Motion to Strike

  • California Supreme Court Affirms Expansive Reading Of Anti-SLAPP Statute
    Kelli L. Sager and Rochelle L. Wilcox of Davis Wright Tremaine LLP

    In late August 2002, the California Supreme Court issued three decisions that broadly reaffirm the reach of California's anti-SLAPP statute. The decisions strengthen the protection for expressive activities by confirming that the statute applies to any lawsuit arising from a defendant's exercise of First Amendment rights—even where the plaintiff did not subjectively intend to chill the defendant's expression, and even where the defendant's expression is alleged to be a breach of confidentiality or otherwise unlawful.

  • The Anti-SLAPP Statute: A New Defense For Developers?
    Daniel P. Dain of Goodwin Procter LLP

    A little noticed Superior Court decision in December may have broad implications for developers of real estate. In dismissing a lawsuit filed by members of the community against a real estate developer in Pierce v. Mulhern, the Superior Court recognized apparently for the first time in Massachusetts that real estate developers are afforded the protections of the Massachusetts anti-SLAPP ("strategic litigation against public participation") statute.

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