Pappas v. Commerce & Industry Ins. Co.
N/AOUTCOME: SJC adopted client's posiiton on case of first imp
NEWTON CENTER, MA
Litigation Lawyer at NEWTON CENTER, MA
Practice Areas: Litigation, Communications & Media ... +2 more
OUTCOME: SJC adopted client's posiiton on case of first imp
OUTCOME: Dismissed under anti-SLAPP statute
A Massachusetts state trial court judge—acting on my clients’ motion under the state’s anti-SLAPP statute—dismissed a defamation case brought by a police chief against my clients, a local newsp ... aper and its publisher. The court’s decision appears to be the first known decision in Massachusetts where a defamation case against a commercial media defendant has been dismissed under the anti-SLAPP statute. Allowing the special motion to dismiss accomplished exactly what the anti-SLAPP statute intended: the early termination of a legal action seeking to intimidate, chill, or harass the other party, where that action is based only upon a party's constitutionally-protected petitioning activity. In this case, the court apparently recognized that the media defendants were not seeking special treatment, but were arguing that they are entitled to the same protection as other parties, whether individuals or commercial entities.