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Civil Litigation

Nov. 9, 2011

Pick your side: the split of authority over anti-SLAPP

Courts debate over how the anti-SLAPP statute applies to certain claims against lawyers by their clients.

Amy L. Bomse

Shareholder
Rogers Joseph O'Donnell, PC

Duke Univ SOL; Durham NC

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For the last eight years, there has been a split among California appellate courts over whether the anti-SLAPP statute applies to certain claims against lawyers by their clients.

As background, the anti-SLAPP (or strategic lawsuit against public participation) statute is a procedural device designed to discourage litigation brought to chill the valid exercise of a party's constitutional rights of speech or petition. A cause of action is subject to a special motion to strike if...

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