Insight

Adam Leitman Bailey, P.C. Defeats Retroactive Application of Anti- SLAPP Action After Victory on Defamation and Malicious Prosecution Claims for Cooperative

Adam Leitman Bailey, P.C. Defeats Retroactive Application of Anti- SLAPP Action After Victory on Defamation and Malicious Prosecution Claims for Cooperative

Adam Leitman Bailey

Adam Leitman Bailey

January 17, 2023 02:29 PM

Adam Leitman Bailey, P.C. was retained by a Cooperative to pursue a defamation claim brought against a former Board member and a shareholder for posting and disseminating libelous and defamatory remarks against the Cooperative Board of Directors. The Defendants counterclaimed alleging “lack of probable cause” and “intimidation” and seeking unspecified damages.

The Cooperative filed a motion for partial summary judgment, seeking dismissal of certain of the affirmative defenses and the counterclaims, to the extent they allege malicious prosecution or abuse of process. Both Defendants filed a cross-motion to dismiss the Complaint, alleging that the action was not authorized by the Board President and that it failed to state a cause of action for defamation. Shortly thereafter, one of the Defendants filed another cross-motion seeking dismissal of the Complaint on the grounds that the action for defamation was a “strategic lawsuit against public participation” (known as a SLAPP suit) and for recovery of costs and attorneys’ fees.

In 1992, legislation was enacted to address a concern about the use of civil litigation, primarily defamation suits, to intimidate or silence those who speak out at public meetings against proposed land use development and other activities. While this action was pending, the statute was amended to broaden the scope of its application to apply to speaking out in any place open to the public or public forum. Violation of the new, broader, definition was subject to mandatory reimbursement of the Defendant’s legal fees.

Adam Leitman Bailey, P.C. argued in opposition to the SLAPP motion that the amended statute should not be applied retroactively and that the pending action was not an action involving public petition and participation under the former, more restrictive, definition. The Court agreed and denied the motion to dismiss. The Court also denied the separate motions by the two Defendants to dismiss the Complaint. Defendants were unable to defeat Adam Leitman Bailey argument that the action had been duly authorized by the Board President.

Adam Leitman Bailey was also successful on its motion to dismiss the counterclaims for malicious prosecution and abuse of process. These counterclaims and related affirmative defenses were dismissed by the Court.

Steven R. Wagner and Bonnie Reid Berkow of Adam Leitman Bailey P.C. prevailed for the board of directors and the building of this cooperative

Read the Published Decision Here

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

How to Increase Your Online Visibility With a Legal Directory Profile


by Jennifer Verta

Maximize your firm’s reach with a legal directory profile.

Image of a legal directory profile

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Future of Family Law: 3 Top Trends Driving the Field


by Gregory Sirico

How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.

Animated child looking at staircase to beach scene

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

Safe Drinking Water Is the Law, First Nations Tell Canada in $1.1B Class Action


by Gregory Sirico

Canada's argument that it has "no legal obligation" to provide First Nations with clean drinking water has sparked a major human rights debate.

Individual drinking water in front of window

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

New Mass. Child Custody Bills Could Transform US Family Law


by Gregory Sirico

How new shared-parenting child custody bills may reshape family law in the state and set a national precedent.

Two children in a field holding hands with parents

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Finding the Right Divorce Attorney


by Best Lawyers

Divorce proceedings are inherently a complex legal undertaking. Hiring the right divorce attorney can make all the difference in the outcome of any case.

Person at a computer holding a phone and pen

The Future of Canadian Law. Insights from Best Lawyers: Ones to Watch Honorees


by Jennifer Verta

Emerging leaders in Canada share their perspectives on the challenges and opportunities shaping the future of Canadian law

Digital eye with futuristic overlays, symbolizing legal innovation and technology

New Texas Law Opens Door for Non-Lawyers to Practice


by Gregory Sirico

Texas is at a critical turning point in addressing longstanding legal challenges. Could licensing paralegals to provide legal services to low-income and rural communities close the justice gap?

Animated figures walk up a steep hill with hand

Family Law Wrestles With Ethics as It Embraces Technology


by Michele M. Jochner

Generative AI is revolutionizing family law with far-reaching implications for the practice area.

Microchip above animated head with eyes closed