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

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

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.

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

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

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

As Fla. Pushes to Repeal Controversial 'Free Kill' Law, DeSantis Signals Veto


by Bryan Driscoll

The fight to transform state accountability standards may be in trouble

free kill law hed

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Key Issues to Tackle on Law Firm Landing Pages


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers