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CLE Program

Is The Massachusetts Anti-SLAPP Statute Working As Intended?

Date:

Date: Tuesday, May 23, 2023
Time: 4:00 p.m. - 6:00 p.m.
Runtime: 2:00h

Program Code:

CLE23

Program Options:

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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
Bowditch & Dewey LLP, Boston
Jeffrey J. Pyle, Esq., Panelist
Prince Lobel Tye LLP, Boston
Payal Salsburg, Esq., Panelist
Laredo & Smith LLP, Boston

Sponsoring Sections:

Civil Litigation Section
Real Estate Law Section

NOTE: This is a previously recorded MBA On Demand product.
When you register, you will receive a link via email to the previously recorded MBA On Demand program and its ePublication. Your member profile will also contain a permanent link to the MBA On Demand version of the program.

System Requirements
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