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Perspective

Jul. 16, 2013

Higher bar for anti-SLAPP in malpractice suits

Attorneys defending malpractice actions must meet the higher bar of demonstrating that the claim against them "arises from" the protected activity. By J. Randolph Evans, Shari Klevens and Suzanne Y. Badawi


By J. Randolph Evans, Shari Klevens and Suzanne Y. Badawi


In the 1990s, California experienced a disturbing increase in the number of lawsuits filed against its citizens for exercising their constitutional petition and free speech rights under the First Amendment. These types of lawsuits targeted a wide array of activities, including posting reviews on the Internet, testifying at public hearings, publishing articles and filing lawsuits. Although cloaked with titl...

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