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SLAPP 2.0: Second Generation of Issues Related to Strategic Lawsuits Against Public Participation

February 2015

Citation: ELR 10136

Author: Lori Potter and W. Cory Haller

This Article updates a July 2001 ELR News & Analysis article on Strategic Lawsuits Against Public Participation (SLAPPs) and common-law and statutory defenses against them. Since that survey, a dozen additional jurisdictions have enacted statutes providing some degree of protection for SLAPP defendants, and courts have continued to apply these statutes as well as common-law and constitutional (Petition Clause) defenses. In general, while “second-generation” issues have added some wrinkles to SLAPP practice, the results remain the same: almost all SLAPPs are ultimately dismissed.

Lori Potter is a Partner at Kaplan Kirsch Rockwell LLP in Denver, Colorado, with a practice in environmental and public land law. W. Cory Haller recently completed his term as an Attorney-Fellow at Kaplan Kirsch Rockwell.

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