Bruce S. Rosen Quoted in the New Jersey Law Journal, “Under New Law, Plaintiff Who Withdrew Might Owe Opponents' Legal Fees”

Bruce S. Rosen, partner at Pashman Stein Walder Hayden P.C., was recently quoted in a New Jersey Law Journal article titled, “Under New Law, Plaintiff Who Withdrew Might Owe Opponents' Legal Fees.” The article discusses how a New Jersey appeals court ruled New Jersey's anti-SLAPP law doesn't allow a plaintiff who voluntarily dismisses his suit to escape the defendant's application for counsel fees. The decision is the first published on the state's anti-SLAPP law. The legislation aims to deter frivolous lawsuits and reduce unnecessary legal expenses for defendants. The law has sparked debate among legal professionals.

The ruling is significant because it's the first published decision on New Jersey's anti-SLAPP law, enacted in 2023, said Bruce Rosen. That law aims to protect individuals from lawsuits filed to intimidate or silence someone for exercising their First Amendment rights.

While the holding in the Satz case is a narrow one, it is important because it broadly construes the law as required by the statute, reconciles the court rules with the law and "upholds the fact that once you file a SLAPP suit, there is no getting out of it without paying legal fees by simply voluntarily withdrawing the case," Rosen said.

“The anti-SLAPP law covers any tort that is alleged that would stifle speech, such as invasion of privacy, defamation, trade libel, tortious interference or intentional infliction of emotional distress, as long as it is a matter of public concern,” Rosen said.

To read the full article in the New Jersey Law Journal, click here.