Bill

Bill > S760


MA S760

MA S760
Relative to strengthening the anti-slapp law


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to strengthen the Anti-Slapp Law. The Judiciary.

AI Summary

This bill aims to strengthen the Anti-Slapp Law, which stands for Strategic Lawsuits Against Public Participation. These are lawsuits filed primarily to silence or intimidate individuals or organizations who are exercising their rights to speak freely and petition the government on matters of public concern. The bill proposes to replace the current law with a new section that clarifies the purpose of the Anti-Slapp Law: to protect citizens and organizations who engage in public discussions and bring issues to the attention of legislative, judicial, and administrative bodies. Under the proposed changes, if a lawsuit is based on a party's protected right to petition the government, that party can file a special motion to dismiss the case. The court must then quickly hear this motion and dismiss the claims unless the opposing party can prove that the moving party's actions lacked any reasonable factual or legal basis and caused actual injury. The bill also includes provisions for the Attorney General to intervene in support of the moving party, a stay on discovery proceedings until the motion is decided, and the awarding of costs and attorney's fees to the prevailing party if the motion is granted. The definition of "a party's exercise of its right of petition" is expanded to include various statements made before or in connection with governmental proceedings, as well as statements likely to encourage such proceedings or enlist public participation.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see S2204 (on 04/04/2016)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...