Anti-SLAPP laws operate to quickly terminate meritless litigation in derogation of a person’s free speech and related rights. The single largest body of Anti-SLAPP law in the world is found in the Uniform Public Expression Protection Act (“UPEPA”), which was drafted from a distillation of the better parts of existing state Anti-SLAPP laws. This course carefully examines the UPEPA and its statutory scheme, as well as discusses significant court opinions which have interpreted the UPEPA.
Principles
- Understanding the Scope of UPEPA Protection — Identify the types of claims and cases that fall within the Uniform Public Expression Protection Act’s protections, particularly litigation implicating speech, public expression, and related protected activities.
- Mastering the UPEPA Special Motion — Understand the procedural mechanics, requirements, timing, burdens, and strategic considerations involved in bringing and opposing a UPEPA special motion.
- Applying UPEPA Through Case Law — Analyze significant judicial decisions interpreting the UPEPA and use those decisions to understand how courts apply the statute to different factual and legal circumstances.
- Evaluating Appellate Rights and Litigation Strategy — Understand when and how UPEPA rulings may be appealed and how appellate considerations should influence strategy at the trial-court level.
- Understanding Attorney Fee Awards and Litigation Consequences — Evaluate the statutory framework governing attorney fees and other consequences associated with UPEPA motions, including how fee-shifting can affect the risks and strategic decisions of both plaintiffs and defendants.
Syllabus
- The type of cases that fall within the scope of the UPEPA’s protections
- Mechanics of the UPEPA special motion
- Appeal Rights and Attorney Fee Awards
