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WV HB3253
Bill
Status
3/7/2025
Primary Sponsor
Mike Pushkin
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AI Summary
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Establishes the West Virginia Public Participation Act (anti-SLAPP law) to protect citizens from lawsuits intended to silence their exercise of free speech, right to petition, or right of association on matters of public concern
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Allows defendants in strategic lawsuits against public participation (SLAPP suits) to file a motion to dismiss within 60 days of service, triggering an expedited hearing and automatic stay of proceedings
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Requires dismissal with prejudice if the defendant shows by preponderance of evidence that the lawsuit targets protected speech, unless the plaintiff establishes a prima facie case by clear and convincing evidence
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Mandates award of costs, attorneys' fees, and litigation expenses to successful defendants; permits additional sanctions against repeat SLAPP filers
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Exempts government enforcement actions, commercial disputes between buyers and sellers, personal injury/wrongful death claims, family law matters, insurance claims, and statements made with actual knowledge of falsity or reckless disregard for truth
Legislative Description
Establishing of the West Virginia Public Participation Act
Actions, Suits and Liens
Last Action
To House Judiciary
3/7/2025