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This is not quite correct, AFAIK. https://www.rcfp.org/anti-slapp-guide/virginia/ https://www.rcfp.org/anti-slapp-guide/virginia/ It's true it's not the "moti
by DannyBee 5y ago
This is not quite correct, AFAIK.
https://www.rcfp.org/anti-slapp-guide/virginia/ https://www.rcfp.org/anti-slapp-guide/virginia/
It's true it's not the "motion gets ruled on within 15 days, before discovery" type of anti-slapp you see elsewhere, but it's not "no anti-SLAPP"
- DannyBee 5y agoIn fact, my guess is all the commentators thinking VA is about anti-SLAPP are wrong. My guess is VA is about some state-specific cases or interpretations of defamation law around corporations they thought were more favorable to them (i'm barred in DC and MD, but my recollection is that VA has some) They were going to face a relatively fast motion to dismiss in any state. What really will matter is how favorable the state views the defamation-against-corporation claim, whether it has an anti-SLAPP law or not. If the state views it as strong, anti-SLAPP wouldn't matter because it would survive. If the state views it as weak, anti-SLAPP may kill it a little earlier but it will still go badly for them quickly. The only practical advantage to the anti-SLAPP for defendants like this is that A. you often can get a faster hearing B. you often have guarantees around damages for bad-faith claims. anti-SLAPP is much more useful when it's david vs goliath, and the small guy either needs a hearing in a week or two or ends up bankrupt from lawyer fees.