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Essentials

Anti-SLAPP Statutes: A Tool to Protect Constitutional Rights and Freedoms in Civil Lawsuits

1h 2m

Created on November 21, 2022

Intermediate

CC
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Course Price

$79


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Overview

As the nation finds itself in a period of increased exercise in the right to free speech, free association, and petitioning the government on matters of public concern, there will undoubtedly be an increase in litigation commonly known as SLAPP (strategic lawsuit against public participation) which are designed to discourage and curtail individuals from the exercise of constitutional rights. 

In response, many states have enacted anti-SLAPP legislation which provides a means of seeking an expedited dismissal of meritless lawsuits including the recovery of attorney's fees. Accordingly, claims representatives and defense counsel should familiarize themselves with their state's anti-SLAPP statute and precedents from other jurisdictions to protect their clients against such claims. 

This program will benefit defense counsel and claims representatives by exploring the history of anti-SLAPP legislation and its enforcement in our courts, procedural requirements, and considerations before state and federal courts, and by discussing ways defense counsel can use anti-SLAPP statutes as a useful tool to protect defendants from lawsuits and enable early disposition without having to incur protracted and costly litigation. 


Learning Objectives:

  1. Explore the history of anti-SLAPP legislation and its enforcement in courts

  2. Learn how to protect defendants from lawsuits which seek tort damages strategically designed to discourage individuals from exercising their constitutionally protected rights

  3. Discuss several procedural requirements that must be following if a defendant wants to avail themselves of the remedies afforded under the anti-SLAPP statute

  4. Identify additional benefits to defendants including the recovery of attorney's fees incurred in the defense of the SLAPP lawsuit

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