Anti-SLAPP Litigation

Mr. Hermann has defended a number of SLAPP defendants in state and federal courts throughout the country. SLAPP suits (strategic lawsuit against public participation) are lawsuits that are intended to censor, intimidate and silence individuals and organizations by burdening them with the cost of a legal defense until they abandon the exercise of their constitutionally protected right to free speech including  public criticism. Normally the goal is not to win the underlying suit, but to force the opposing side to succumb to the demands of the Plaintiff out of fear, intimidation, and financial exhaustion.

 

SLAPP suits are typically filed against an individual and/or organization arising out of a communication on a matter of public concern. SLAPP complaints typically rely on civil claims such as: abuse of process, defamation, libel, slander, invasion of privacy, tortuous interference, and/or malicious prosecution as a means of transforming matters of public debate into claims for legal redress. While most SLAPP suits are usually dismissed or settled, the real purpose is to stifle public commentary and/or criticism.

 

In response to the threat of such suits, 26 states have enacted Anti-SLAPP statutes to protect the rights of parties to participate in matters of public participation. Michigan has not enacted an Anti-SLAPP statute but recognizes a common law privilege to petitioning activity under the Noerr-Pennington Doctrine.

Hermann Law Offices
Specializing in protecting the rights of consumers and individuals in a number of unique areas including consumer rights, franchise law, constitutional law, free speech, and electronic privacy.

john@hermannlawoffices.com

(248) 591-9291

fax (248) 591-2304

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