New York S04546 amends civil rights law to address strategic lawsuits against public participation (SLAPPs), making technical corrections and.
New York S04546 amends the civil rights law to redefine "strategic lawsuit against public participation" (SLAPP) as lacking a substantial basis in fact and/or law. It introduces a heightened pleading burden for such claims, requiring a demonstration of a probability of prevailing. The bill allows prevailing defendants in SLAPP cases to recover treble damages, attorney's fees, and costs. It also specifies that punitive damages can only be awarded if the SLAPP was intended to harass, intimidate, or inhibit free speech. The changes apply to actions and proceedings filed after November 10, 2020.
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