Tuesday, March 12, 2002
Current Anti-SLAPP Issues In California The California Supreme Court has at least two Anti-SLAPP cases pending. In Wilson v. Parker, Covert & Chidester, 87 Cal.App.4th 1337 (2001), review granted 6/20/01 (S097444), the Court will consider whether a defendant's failure to obtain a dismissal under the Anti-SLAPP statute also helps shield the plaintiff from liability for malicious prosecution. And, in Equilon Enterprises v. Consumer Cause, 85 Cal.App.4th 654 (2001), review granted 4/11/01 (S094877), the Court will decide whether a SLAPP defendant must show the lawsuit was brought with the intent to chill the defendant's exercise of free speech or petition, in order to obtain a dismissal. In other words, in Equilon the Court will address whether suits should be dismissed if they have a chilling effect - regardless of what the defendant may be able to show about the plaintiff's intent. Your tax dollars at work, Doc. Blog on!
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