Bruce S. Rosen Representing Mayor of Hackensack in Dismissed Defamation Lawsuit

Bruce S. Rosen, partner at Pashman Stein Walder Hayden P.C., was recently quoted in a New Jersey Law Journal article titled, “Plaintiff May Have to Pay Opposing Legal Fees in Defamation Case Under State's Anti-SLAPP Law.” The article discusses how Rosen is serving as counsel to Hackensack Mayor John Labrosse and Zonie LeSane in a recently dismissed defamation lawsuit brought by Hackensack Police Lt. Anthony DiPersia. Following the court’s decision, Rosen filed a notice of motion seeking a fee award under New Jersey’s Uniform Public Expression Protection Act (UPEPA), the state’s anti-SLAPP statute enacted in 2023.

“If the anti-SLAPP [suit] is determined to be frivolous, which is a pretty high bar, [one wouldn't be eligible to receive fees], but other than that, if you win it’s a mandatory fee shift,” Rosen said.

According to Rosen, the components necessary to prove actual malice were not contained in the complaint, and the remarks made by LeSane in the letter to the editor were based on previously-published information.

“We knew it would be a matter of public concern and be covered by the law because it’s core political speech, it happened during a campaign. So the next question is, are all the elements in the complaint? And the elements weren’t in the complaint,” Rosen added.

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