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WV HB3253

Bill

Status

Introduced

3/7/2025

Primary Sponsor

Mike Pushkin

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • 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

  • 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

  • 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

  • Mandates award of costs, attorneys' fees, and litigation expenses to successful defendants; permits additional sanctions against repeat SLAPP filers

  • 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

Committee Referrals

Judiciary3/7/2025

Full Bill Text

No bill text available