Wednesday, March 26, 2014

If I Were A Carpenter

A recent decision of the Massachusetts Supreme Judicial Court:

This case presents an issue of first impression:  whether an association that has provided support for litigation, without being a named party in that litigation, has engaged in protected petitioning activities for the purposes of G.L. c. 231, § 59H. The defendant, the New England Regional Council of  Carpenters, appeals from a Superior Court judge's denial of its special motion to dismiss a suit by the town of Hanover (town) claiming that the defendant engaged in abuse of process in prior legal proceedings.  Because we conclude that support of litigation constitutes protected petitioning activity within the meaning of G.L. c. 231, § 59H, and that here, the town did not demonstrate that the defendant's right to petition was "devoid of any reasonable factual support or any arguable basis in law," Office One, Inc. v. Lopez, 437 Mass. 113, 123 (2002), we allow the defendant's special motion to dismiss.

The case is

TOWN OF HANOVER vs. NEW ENGLAND REGIONAL COUNCIL OF CARPENTERS, SJC-11396.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2014/03/a-recent-decision-of-the-massachusetts-supreme-judicial-court-this-case-presents-an-issue-of-first-impression-whether-an-a.html

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