Measures to end strategic lawsuits against public participation

(a)

In general

Part VI of title 28, United States Code, is amended by adding after chapter 181 the following new chapter:

182

Procedure to Dismiss, Punish, and Deter Strategic Lawsuits Against Public Participation

Sec.

4201. Special motion to dismiss a Strategic Lawsuit Against Public Participation.

4202. Exceptions.

4203. Fees.

4204. Choice of law.

4205. Definitions.

4201.

Special motion to dismiss a Strategic Lawsuit Against Public Participation

(a)

Notice period

Not later than five days before the filing of a special motion to dismiss a claim alleged to be a strategic lawsuit against public participation under this chapter, the moving party shall provide written notice to the responding party of its intent to file such a special motion to dismiss with respect to a claim. Until the moving party has filed a special motion to dismiss, the responding party may withdraw or amend the claim in accordance with applicable court rules. (b)

Timing of motion

(1)

In general

A special motion to dismiss pursuant to this chapter shall be filed not later than the date that is the later of the following: (A)60 days after the date of service of the pleading that states the claim alleged to be a SLAPP. (B)60 days after the date of removal of the case to Federal court. (2)

Good cause

Upon motion by either party and for good cause, the court may extend the period described under paragraph (1). (c)

Stay of proceedings

(1)

In general

Except as provided under paragraph (2), upon the filing of a special motion to dismiss under this chapter, all other proceedings between the moving party and responding party that are related to the claim, including discovery proceedings and any pending hearing or motions, shall be stayed until notice of entry of an order disposing of the special motion to dismiss. (2)

Exceptions

(A)

Good cause

Upon motion by either party, the court may allow limited and specified discovery related to the motion, as determined by the court, for good cause. (B)

Motion for remand

Proceedings relating to a motion to remand filed pursuant to section 1447 may proceed pending consideration by the court of the special motion to dismiss. (d)

Consideration of motion

The court shall grant the special motion to dismiss and dismiss the claim with prejudice if— (1)the moving party presents evidence establishing that the claim at issue is based on, or in response to, the party’s lawful exercise of the constitutional right of petition, freedom of the press, peaceful assembly, free speech on a matter of public concern, or other expressive conduct on a matter of public concern; (2)the responding party fails to establish that an exception under section 4202 applies; and (3)either— (A)the responding party fails to present evidence establishing a prima facie case as to each essential element of the claim under the standard of Federal Rule of Civil Procedure 56; or (B)the responding party has presented evidence establishing a prima facie case as to each element of the claim under subparagraph (A), but the moving party has established that there is no genuine issue of material fact and the party is entitled to judgment as a matter of law on the claim or complaint under the standard of Federal Rule of Civil Procedure 56. (e)

Expedited ruling

The court shall rule on a special motion to dismiss not later than 90 days after the date on which the motion is filed, unless the court determines that docket condition, any specified discovery, or other good cause requires a ruling at a later date.

4202.

Exceptions

(a)

In general

Except as provided under subsection (b), this chapter shall not apply to any claim that is brought— (1)against a person primarily engaged in the business of selling or leasing commercial goods or services if the communication on which the claim is based arises out of the person’s sale or lease of commercial goods or services; (2)by a government official or entity acting in an official capacity or under color of law, or against a government official or entity sued in an official or individual capacity or under color of law for acts or omissions conducted on behalf of a government entity; (3)under Federal, State, or local civil rights statute or ordinance, or to enforce such a statute or ordinance; (4)for recovery for bodily injury, wrongful death, or survival damages; (5)by a whistleblower under a Federal or State whistleblower statute, including any claim brought under the section 3729, 3730, 3731, 3732, or 3733 of title 31, United States Code; (6)under the citizen suit provision of a Federal or State environmental protection statute; (7)by a consumer in a private enforcement action under a State unfair trade and deceptive practices statute; (8)by a customer or employee alleging misuse of that individual’s personal information in violation of a Federal or State data protection statute; (9)under the Securities and Exchange Act of 1934, the Securities Act of 1933, or a State securities laws; (10)in response to a civil action brought by a shareholder on behalf of a corporation; or (11)for an alleged violation of antitrust laws (as defined by section 1(a) of the Clayton Act (15 U.S.C. 12(a))) or a State antitrust law. (b)

Certain additional exceptions

This chapter may apply to a claim asserted under paragraph (1), (4), (7), or (8) of subsection (a) if the claim is brought against— (1)any publisher, editor, reporter, or other person who is or was connected with or employed by a radio station, television station, newspaper, magazine, internet-based publication, or other periodical publication, or by a press association or wire service, if the person against whom the claim was asserted was acting with respect to such connection or employment; or (2)any person or entity based on the person’s or entity’s creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, journalistic, or artistic work.

4203.

Fees

(a)

Attorney’s fees and costs

If the moving party prevails on the special motion to dismiss, there shall be a rebuttable presumption that the moving party is entitled to an award of reasonable attorneys’ fees and costs. Such a presumption can be rebutted by a showing that such an award would be unreasonable or that special circumstances exist that would make such an award unjust, as determined by the court. (b)

Prevailing party

For the purposes of subsection (a), the moving party is considered to have prevailed on the special motion to dismiss if the court grants the special motion to dismiss under section 4201(d), and if the responding party did not amend or withdraw the claim until after the end of the 5-day notice period set forth in section 4201(a). (c)

Bad faith filings

If a court finds that a special motion to dismiss was filed in bad faith and solely intended to cause delay, there shall be a rebuttable presumption that the responding party is entitled to an award of reasonable attorneys’ fees and costs incurred in responding to the special motion to dismiss. Such a presumption can be rebutted by a showing that such an award would be unreasonable or that special circumstances exist that would make such an award unjust, as determined by the court.

4204.

Choice of law

Except as provided for in this chapter, nothing in this chapter shall reduce or limit any substantive claim, remedy, or defense to a SLAPP under any other Federal law or under the laws of any State or locality.

4205.

Definitions

In this chapter: (1)

Strategic lawsuit against public participation; SLAPP

The term strategic lawsuit against public participation or SLAPP means the use of the court system to silence or intimidate a party who is engaged in the lawful exercise of the constitutional right of petition, freedom of the press, peaceful assembly, free speech on a matter of public concern, or other expressive conduct on a matter of public concern, by subjecting that party to meritless litigation. (2)

Claim

The term claim means any civil action, complaint, cause of action, counterclaim, or other court filing seeking damages, declaratory relief, or equitable relief. (3)

Matter of public concern

The term matter of public concern means any communication or expressive conduct undertaken with the purpose of— (A)participating in or seeking to influence a legislative, executive, judicial proceeding, or other proceeding authorized by law; (B)commenting on an issue under consideration or review, or recommending consideration of an issue, by a legislative, executive, or judicial body; (C)raising a concern or complaint with a law enforcement agency, licensing board, or grievance mechanism created under a Federal, State, or local anti-discrimination statute or ordinance; or (D)commenting about a public official, public figure, or other natural or legal person whose act, omission, fame, notoriety, or celebrity has become a public issue. (4)

Government entity

The term government entity means the Government of the United States, a government corporation, branch, department, agency, State, or subdivision of a State or a federally or State recognized Tribe. (5)

State

The term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(b)

Clerical amendment

The table of chapters for title 28, United States Code, is amended by adding after chapter 181 the following:

182. Procedure to Dismiss, Punish, and Deter Strategic Lawsuits Against Public Participation.