Retaliation Litigation Defense (Anti-Slapp)
Business Litigation
A Lawsuit or Counterclaim filed to Intimidate May be Illegal
What is a Strategic Lawsuit Against Public Participation and Anti-SLAPP Statutes?
Did you know that some lawsuits may be dismissed at an expedited hearing as being in violation of what are called Anti-SLAPP statutes? A S.L.A.P.P. Lawsuit is a lawsuit or counterclaim or some countersuit that was filed against a victim who had previously either filed a lawsuit against another person or business entity or complained to a governmental agency whose purpose is not to actually go to trial, but to intimidate and drag the victim into another expensive court battle. Florida, like most other states, have what are known as Anti-SLAPP Statutes which prohibit the practice of suing a person because they were attempting to enforce their legal rights in a court of law or a governmental commission and where there is no merit to the bully’s claim.
How do I know if Anti-SLAPP Statute applies to my Case?
There are many factors to determine if you have been the victim of a SLAPP Lawsuit, such as whether you were engaged in a protected activity when the SLAPP Lawsuit was filed, was the primary purpose in filing the lawsuit or counterclaim retaliatory in nature and whether the lawsuit lacks merit. Usually, SLAPP Lawsuits contain claims such as defamation, tortious interference with a business relationship, libel or slander. However, the claims of a SLAPP lawsuit are not limited by Florida’s Anti-SLAPP Statute so it is important to ask an attorney to advise you in determining whether filing a SLAPP motions applies in your particular case.
If the Anti-SLAPP law applies, how does it work?
In essence, these statutes, like Florida’s Anti-SLAPP law, enable defendants to counteract meritless suits by seeking an early dismissal of lawsuits, counterclaims or countersuits by filing a motion and requesting an expedited hearing from the Court. After filing the motion, the opposing side has the opportunity to attempt to convince the court that the motion should not be granted. However, if the SLAPP motion is granted, the case will be dismissed with prejudice and there’s an opportunity for the prevailing party to recover their attorney’s fees and costs.
Farrow Law Firm's Role
Our firm is committed to upholding the fundamental freedoms that are the bedrock of our democracy, which includes seeking to enforce their rights in court. When faced with a SLAPP Lawsuit, our clients can rely on us to assert their rights aggressively. We navigate the complexities of anti-SLAPP legislation, aiming to resolve these oppressive lawsuits expediently and with minimal disruption to our clients’ lives and operations.
We provide the following services relative to filing and prosecuting a motion under Florida’s Anti-SLAPP statute:
- Assessment and Analysis: We offer a free consultation which will provide you an overview of our approach and Florida’s Anti-SLAPP Statute.
- Filing of Anti-SLAPP Motions: If we believe that the Anti-SLAPP Statue is likely to apply, we will file a motion and seek an expedited hearing upon same should the circumstances be appropriate.
- Recovery of Costs and Fees: A pivotal component of anti-SLAPP legislation is the ability for defendants to recover attorney’s fees and court costs from the SLAPP Lawsuit filer if they are the prevailing party on the motion.
Continued Advocacy and Protection: Beyond the immediate legal battle, we offer counsel on ways to continue advocacy on your “main” objectives.
Why Choose Farrow Law Firm:
In the arena of Anti-SLAPP litigation, Farrow Law Firm stands out for its meticulous attention to detail and unwavering commitment to free speech the rights of individuals and business entities to prosecute their civil claims in court without facing a retaliatory lawsuit.
We are passionate about protecting democratic participation and discourse from the chilling effects of legal intimidation and SLAPP Lawsuits have, unfortunately, become the weapon of choice of the wealthy and powerful to win by a form of forfeit. Anti-SLAPP Statutes are the countermeasure to this abuse of the legal system and we welcome supporting anyone who has had the courage to stand up for themselves in the first place to avail themselves of this powerful tool to fight back.
The defense against SLAPPs is not simply a legal service we offer — it is a principle we champion – supporting our clients to stand up against the bully in their lives. We at Farrow Law Firm pledge to employ the seriousness and dedication such cases demand.
