Thursday, July 28, 2011

SLAPP suits suck.

as always, click to enlarge and read



Useful links are here, here (source of the image), and here.

That lets a reader know more than most care to know about what a SLAPP is.

The latest Minnesota wrinkle being reported by Strib; for those pushing an agenda and getting stymied by public opposition or the judgment of officials, and having the filing fee and retainer for a willing lawyer while wanting to inject grief into the life of another; is to SLAPP a decision maker, including those elected and politically connected to community opinion and having their own opinions and evaluative capabilities, when that decision maker is in a "quasi-judicial" decision-making capacity.

What does "quasi-judicial" mean? First, ask a lawyer.

Second put yourself in the SLAPP filer's position. [S]he cares little about winning since the objective is to steam-roll over opposition. Make them wish they'd never spoken out. Teach them a lesson. So it does not really mean jack what "quasi-judicial" means in a practical sense if a lawyer advises the SLAPPor that there is some possibly marginal credibility to trying to beat up the SLAPPee in court, through disproprtionately greater resources, more at stake economically, and a greater will to be mean and petty.

Gee, Batman, you mean there are people like that in Gotham City? Wow.

______________UPDATE_____________
The sidebar "bio" statement was updated a few days ago. Regarding its opening sentence, see here and here.

Googling if you know how for the immunity provision of Minn. Stat. Ch. 554, instead of the definitions provision, yields an almost identical short list of precedent, here.

I like the statute, but I believe the courts have been too willing to read in in an overly narrow way, on occasion. We all have opinions. If the law were more certain there'd be no disputed cases. It all would be crystal clear in advance. The winner. The loser. No need for a jury.

______________FURTHER UPDATE_____________
While not exactly a SLAPP, it's from the same chicken. This Google. Dump Bachmann posted the complaint text. Dump Bachmann, if you read a bit, has several additional posts about Pastor Dean of the drum stand and his proves-all-you-need-is-the-filing-fee litigation. Norwegianity expresses contempt for Pastor Bradlee, in editorializing (and the link gives you a chance to see the blog header, which is itself a refreshing idea).