Is It Working at All?
At the end of 2022, one of our panelists predicted that 2023 would be the
year of the anti-SLAPP (strategic lawsuits against public participation) statute
for litigators in Massachusetts. The first quarter of 2023 has brought several
orders from the Superior Court and at least two opinions from the Appeals Court
on applying the standard for dismissal under c. 231 §59H.
It is clear that lawyers and courts in the commonwealth continue to struggle
with applying the framework as the Legislature intended. The Supreme Judicial
Court has decided to hear arguments on the issue in Columbia Plaza
Associates v. Northeastern University.
A panel of experienced attorneys will address:
- How to identify and analyze viable special motions to
dismiss in the context of the current burden-shifting anti-SLAPP framework
- Whether, and under what circumstances, abuse of process claims may still
be brought in light of the statute
Associate Justice of the Superior Court Debra Squires-Lee will also provide a
helpful perspective from the bench on anti-SLAPP special motions to dismiss.
This program is a must for litigators so that they will be able to identify
whether the anti-SLAPP statute applies to a given set of facts.
This program was offered both in person and virtually using
Zoom.
Faculty:
Paul J. Klehm, Esq., Program Chair
Krasnoo, Klehm & Falkner LLP, Andover
Hon. Debra A. Squires-Lee, Panelist
Massachusetts Superior Court, Boston
Joshua A. Lewin, Esq., Panelist
Prince Lobel Tye LLP, Boston
Jeffrey J. Pyle, Esq., Panelist
Prince Lobel Tye LLP, Boston
Payal Salsburg, Esq., Panelist
Laredo, Smith & Kane LLP, Boston