QUICKLINK New York · September 11, 2009 · Libel
Ex-congressman's defamation suit thrown out under SLAPP law
Keywords: Anonymous commenters; anti-SLAPP; Defamation; Internet
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A New York judge has dismissed a former congressman’s defamation suit against a person who criticized him anonymously on a newspaper website, The Journal News in New York's Lower Hudson Valley reported. The court dismissed the libel claim under an anti-SLAPP statute, which protects speakers from "strategic lawsuits against public participation."
Westchester County Judge Richard B. Liebowitz granted defendant Stuart Tiekert’s request to dismiss the $1.5 million suit on Aug. 27, but denied his additional request for damages. Liebowitz ruled that the defamation suit filed by former Rep. Richard Ottinger, and his wife, June Ottinger, qualified as an SLAPP suit because Tiekert’s comments focused on the Ottingers' allegedly corrupt activities during a legal battle with their neighbors over the construction of a house.
A Westchester County judge previously ordered that Tiekert's identity be released after he wrote anonymous postings on The Journal News website about the Ottingers' influence on various local zoning boards and committees.
— Cristina Abello, 1:08 pm
Comments: (2)
Comment by curious..., Sat, Sep 12, 2009, 5:35pm
I would like to know if the "damages" that were denied include legal costs incurred. Is it a provision of the anti-SLAPP statute that legal fees are reimbursed to the defendant? Otherwise it's still an intimidating and expensive thing to get SLAPPed.
Comment by SLAPP, Fri, Sep 18, 2009, 10:25am
No attorneys' fees were awarded. Attorneys fees are discretionary in New York. Curiously, there was no hearing on the issue of fees or damages, just a hearing on the summary judgment motion.
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