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Incorrigible Dicta
Platitudes and Diatribes from the Best Defense Money Can’t Buy

Anti-SLAPP Statute–No Fees If Plaintiff Voluntarily Dismisses

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Yesterday the Appeals Court issued a decision that was probably correct, but disappointing.  The gist of it is that we have a law in Mass that if you get sued for “public participation,” you can file a motion to dismiss and make the big bully pay your legal fees.  The idea is that people with deep pockets (like Wal*Mart) shouldn’t be able to use the legal system to intimidate their political opponents (like local people who oppose building a new Wal*Mart).  These suits are called SLAPP suits, for Strategic Lawsuit Against Public Participation.  The idea of the SLAPP suit isn’t necessarily to win–it’s to distract your detractors, divert their resources from activism to litigation, and make them shut up.
After the jump, read how one SLAPP plaintiff carved out a loophole

Posted by AndyCowan on February 24th, 2010 :: Filed under In the News, Law for the Layman
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Why clarity is important–the first time

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Bankrupty Beat reports the following pearl of wisdom from US Bankrupty Judge Robert Gerber:

“I refrained from interrupting you, because I hoped by the time you were done I would understand your point. I don’t.”

Judge Gerber then ruled against the unclear lawyer, who hadn’t helped his cause by skipping the hearing and only participating by phone after another lawyer called him.

The morals of the story are 1) make sense the first time, and 2) just because you make a seven-figure salary doesn’t make you a good lawyer.

Posted by AndyCowan on May 1st, 2009 :: Filed under Judicial Pearls of Wisdom
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