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If the plaintiffs fail to meet the burden, their claim is dismissed and the plaintiffs may be required to pay a penalty for bringing the case. They vary widely by jurisdiction. [5] Anti-SLAPP laws are generally considered to have a favorable effect, and many lawyers have fought to enact stronger laws protecting against SLAPPs. [6] [7]
To amend title 28, United States Code, to create a special motion to dismiss strategic lawsuits against public participation (SLAPP suits). Nicknames: Speak Free Act: Codification; Titles amended: 28: U.S.C. sections amended: 182 USC §4201, 182 USC §4202, 182 USC §4203, 182 USC §4204, 182 USC §4205, 182 USC §4206, 182 USC §4207, 182 USC ...
George W. "Rock" Pring is a Professor of Law at the University of Denver Sturm College of Law.He coined the acronym SLAPP for "Strategic Lawsuit Against Public Participation" and is the co-author, together with Penelope Canan, of SLAPPs: Getting Sued for Speaking Out.
Purpose of a SLAPP lawsuit is - by definition - not (necessarily) to win, but to harass the defendant. Cattle industry v. Oprah Winfrey is not a good example of SLAPP: Oprah is not a "less powerful critic" (in fact, it would be hard to find a more powerful person on US television), nor she can be "severely burdened" by the cost of legal defense.
More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. [3] Because the right to file a special motion to strike is substantive immunity to suit , rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction .
Mineral Sands Resources (Pty) Ltd and Others v Reddell and Others is a decision of the Constitutional Court of South Africa which affirmed a common law defence against strategic litigation against public participation (SLAPP) lawsuits.
In this case involving the arcana of appellate procedure, research scientists Michelangelo Delfino, Ph.D. and Mary E. Day filed an appeal from a $775,000 defamation judgment for tens of thousands of postings they made on their Website and on various Internet message boards criticizing their former employer, Varian Associates, renamed Varian Medical Systems in April 1999; two senior Varian ...
Taus v. Loftus, 151 P.3d 1185 (Cal. 2007) was a Supreme Court of California case in which the court held that academic researchers' publication of information relating to a study by another researcher was newsworthy and subject to protection under the state's anti-SLAPP act.