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SJC clarifies anti-SLAPP analysis once burden shifts in abuse of process claims
The Supreme Judicial Court’s decision in 'Allegaert v. Harbor View Hotel Owner LLC' clarifies the demanding burden on the non-moving party under the anti-SLAPP statute once the burden shifts.
Damages – Abuse of process – Chapter 93A
Where a jury awarded a defendant $42,000 on a G.L.c. 93A counterclaim and separately awarded him damages of $33,000 on his abuse of process counterclaim, the jury’s damages award on the abuse of process counterclaim should be vacated as duplicative because the same conduct gave rise to the two counterclaims.
Civil practice – SLAPP – Abuse of process
Where a plaintiff filed a special motion under the anti-SLAPP statute to dismiss an abuse of process counterclaim, that motion should have been allowed because the defendant has not demonstrated that the underlying lawsuit is devoid of any reasonable factual support or arguable legal basis.
$20M verdict may not end marathon developer battle
A Suffolk County jury awarded $5.8M in 477 Harrison Ave. v. JACE Boston, a Massachusetts abuse-of-process case raising First Amendment issues.
Damages – Chapter 93A – Abuse of process
Where a jury awarded damages in the amount of $5,801,550 for abuse of process, the damages should be doubled based upon willful violations of G.L.c. 93A.
Tort – Abuse of process – SLAPP
Where two defendants have asserted counterclaims for abuse of process, the counterclaims should be dismissed under the anti-SLAPP statute, as the defendants have failed to show that the plaintiff’s exercise of her right to petition by bringing suit lacks any reasonable factual support or any arguable basis in law and caused them to suffer actual injury.
Corporate – SLAPP – Abuse of process
Where (1) the plaintiff owner of a 51 percent interest in a limited liability company brought suit to enforce a buy-sell provision in the LLC’s operating agreement, (2) the defendant […]
Tort – SLAPP – Abuse of process – Chapter 93A
Where (1) a plaintiff whose former employee started a new business brought suit against a defendant for allegedly misappropriating confidential information, aiding and abetting a breach of fiduciary duty by […]
Tort – Abuse of process
Where the District Court/BMC Appellate Division affirmed a trial judge’s decision to direct a verdict for a plaintiff on a defendant’s counterclaim for abuse of process, that decision must be […]
Environmental – Abuse of process – Clean Water Act
Where (1) a non-profit plaintiff brought suit claiming that the defendant violated the Clean Water Act by failing to comply with the requirements of a stormwater permit and (2) the […]
Attorneys – Litigation privilege – Abuse of process
Where a plaintiff law firm, having brought suit against a former associate, moves to dismiss the associate’s counterclaims, the associate’s allegations are sufficient to preclude dismissal of his abuse of […]
Tort – SLAPP – Abuse of process
Where a District Court judge denied a plaintiff’s special motion to dismiss the defendant’s abuse of process counterclaim, the motion should have been allowed because the counterclaim was based on […]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
