08 Feb

The Case for Anti-SLAPP Legislation

SLAPPFreedom of speech reigns in the United States. Unless you are criticizing a person or company with the funds to sue you into infinity. Then you could find yourself on the receiving end of an expensive lawsuit that has no aim other than to shut you up. (Case study: Medifast Inc.’s $270 million lawsuit against me and others; I have won and Medifast is now trying to get out of paying the $300k+ of legal fees they are required to pay.)

Attorney Eric Turkewitz writes about his experience with SLAPP suits in New York. (SLAPP = Strategic Lawsuit Against Public Participation) Although the law protects people who write truthful things and/or state their opinions, the legal process of getting a case dismissed is onerous without anti-SLAPP laws. (Even with anti-SLAPP laws, it can still be expensive. Medifast sued in California, where there is good anti-SLAPP legislation, but it still took over $300k in attorneys fees — not counting the hundreds of thousands of dollars the other defendants spent on their attorneys — and over four years of litigation to get the suit against me dismissed.) Read More