WV HB5186

Establishes the West Virginia Public Participation Act (anti-SLAPP law) to protect citizens from lawsuits targeting their exercise of free speech, petition, or association rights 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 stay of proceedings.

Requires dismissal with prejudice if the defendant shows by preponderance of evidence the lawsuit targets protected constitutional activity, unless the plaintiff establishes a prima facie case by clear and convincing evidence.

Mandates courts award attorneys' fees, costs, and litigation expenses to successful defendants, with discretionary sanctions available to deter repeated SLAPP suit abuse.

Exempts state enforcement actions, commercial sales disputes, personal injury claims, family law matters, insurance claims, and statements made with actual knowledge of falsity or reckless disregard for truth.