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Thurlow v. Nelson

Court: Maine Supreme Judicial Court

Citation: 2021 ME 58

Opinion Date: November 23, 2021

Judge: Joseph Jabar

Areas of Law: Personal Injury

The Supreme Judicial Court vacated the order entered in the superior court in favor of Defendants granting Defendants’ special motion to dismiss Plaintiff’s defamation claim pursuant to Maine’s anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, Me. Rev. Stat. 14, 556, holding that the special motion to dismiss must be denied.

Plaintiff filed this defamation claim relating to a letter that Defendants sent to school officials. Defendants filed a special motion to dismiss under the anti-SLAPP statute. The trial court granted the motion. The Supreme Judicial Court vacated the judgment, holding (1) Defendants met their burden of establishing that they had engaged in petitioning activities when they sent the letter complaining of Plaintiff’s conduct; but (2) Plaintiff met his burden of presenting prima facie evidence that the Defendants’ petitioning activity was devoid of any reasonable factual support.

This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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