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SLAPP-BACK SUITS IN OREGONCynthia Hodges, J.D., LL.M., M.A.A"SLAPP-back" is a countersuit in which the defendant in the original SLAPP sues the plaintiff for the injuries and losses caused by the SLAPP.
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If one has successfully defended a SLAPP, andone can show that the SLAPP was brought for a purpose other than to resolve the issue by legalmeans, then a SLAPP-back can be filed to seek monetary damages, including pain andsuffering.
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Oregon’s anti-SLAPP statute may be found at Oregon Revised Statutes §§ 31.150 through31.155.
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The statute protects any statement made in a public place in connection with an issue of public interest.
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In Gardner v. Martino, 2005 U.S. Dist. LEXIS 38970 (D. Or. 2005), the courtfound that issues of consumerism, including complaints about products, are issues of publicinterest.
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Although some states specifically allow SLAPP-back suits,
Oregon’s statute is silenton the subject. Therefore, common law actions can be used to recover in aSLAPP-back.
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The most common SLAPP-back claims are malicious prosecution andabuse of process.
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However, defamation is another option,
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“
What is a SLAPP?,” SLAPP Resource Center, 2006,http://web.archive.org/web/20070322111517/http://www.slapps.org/faq.htm
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http://www.thefirstamendment.org/antislappresourcecenter.html#What%20are%20slapps
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“State Laws,”
SLAPP Resource Center,
http://www.slapps.org/stateLaws.htm [no longer available]
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Id.
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Id.
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“
What is a SLAPP?,” at
http://web.archive.org/web/20070322111517/http://www.slapps.org/faq.htm
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Id.
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Id.
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http://www.answers.com/topic/strategic-lawsuit-against-public-participation?cat=biz-fin
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“
What is a SLAPP?,” at
http://web.archive.org/web/20070322111517/http://www.slapps.org/faq.htm
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