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NY A07288

Bill

Status

Introduced

5/17/2023

Primary Sponsor

Helene Weinstein

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Defines "strategic lawsuit against public participation" (SLAPP) as a legal claim arising from exercise of free speech on public concern issues that lacks substantial basis in fact and/or law.

  • Establishes "substantial basis" as a heightened pleading burden requiring demonstration of probability of prevailing on the claim, greater than plausibility or reasonableness standards.

  • Allows prevailing defendants to recover costs, attorney's fees, and compensatory damages from SLAPP plaintiffs upon adjudication or demonstration the action lacked substantial basis; limits punitive damages to cases where action was filed solely to harass or maliciously inhibit free exercise rights.

  • Requires anti-SLAPP actions be filed no later than one year from the date the underlying SLAPP is finally determined in favor of the defendant.

  • Expands "public interest" definition to include any subject other than purely private matters, including subjects of political, social, or community concern and matters of legitimate news interest.

Legislative Description

Relates to strategic lawsuits against public participation; makes technical corrections; relates to the applicability of chapter 250 of the laws of 2020 amending the civil rights law relating to actions involving public petition and participation.

Last Action

referred to judiciary

1/3/2024

Committee Referrals

Judiciary5/17/2023

Full Bill Text

No bill text available