(Thomas Mitchell) – After being declared dead, that bill to weaken the state’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law has reared its ugly head.
According to the Las Vegas newspaper, a version of Senate Bill 444 was approved by the Assembly Judiciary Committee, albeit a much less draconian version.
This version restores the “clear and convincing” standard for having a lawsuit dropped, instead of the bill’s previous standard of “prima facie,” changes some deadlines and allows some discovery at the motion to dismiss stage. It also restores a $10,000 award for those wrongfully sued.
It is still an unnecessary tampering with a strong law. The Senate, which the prior version unanimously, would have to agree with the changes, and there is not much time left.
A version of this column was originally published in Mr. Mitchell’s blog.
Mr. Mitchell publishes the 4TH ST8 Blog at www.4thst8.wordpress.com.
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