Authorizes application for dismissal of a "Strategic Lawsuit Against Public Participation" ("SLAPP").
Impact
The proposed bill outlines specific procedures for filing an application to dismiss a SLAPP lawsuit, emphasizing expedited handling by the court to prevent unnecessary delays and expenses. If a court finds that a SLAPP lawsuit is frivolous or intended merely to cause delays, it can award reasonable attorney fees and litigation costs to the defendant. This aims to encourage individuals to participate in public discourse without the intimidation of legal repercussions stemming from their expressions.
Summary
Senate Bill S2094 proposes an amendment to the civil action process regarding Strategic Lawsuits Against Public Participation (SLAPP). The primary objective of the bill is to allow individuals who are targets of SLAPP lawsuits the ability to apply for a dismissal effectively, thereby safeguarding their rights to express opinions on public matters without fear of retaliation through litigation. The bill defines the concept of SLAPP lawsuits, characterizing them as actions designed to deter public advocacy through meritless legal claims.
Contention
There are notable exemptions within the bill. SLAPP lawsuits initiated by governmental entities or involving actions specifically designed to suppress advocacy on significant public interest issues are not protected by this bill. Additionally, the bill allows for 'SLAPP-back' lawsuits, permitting defendants in SLAPP cases to counter-sue for damages if the initial lawsuit was filed with malicious intent or lacked probable cause. This is significant as it introduces a counterbalance against the misuse of legal resources to silence dissenting voices.