Cardno ChemRisk, LLC v. FoytlinAnnotate this Case
This lawsuit arose from the explosion on the oil rig Deepwater Horizon that caused 4.9 million barrels of oil to flow into the Gulf of Mexico. Defendants, environmental activists, contributed an article appearing in an Internet Web site that contained criticism of Plaintiff, a scientific consulting firm retained to assess the toxic effects of the oil spill on cleanup workers. Plaintiff brought claims for defamation in Massachusetts and in New York. Defendants filed a special motion to dismiss the Massachusetts suit under the anti-SLAPP statute, Mass. Gen. Laws ch. 231, 59H. The superior court denied the motion, concluding that Defendants failed to meet their threshold burden of showing that the suit was based exclusively on the exercise of their right of petition under the Constitution. The Supreme Judicial Court reversed, holding (1) Defendants met their threshold burden because they were engaged in protected petitioning activity; and (2) Plaintiff could not show that such petitioning was devoid of reasonable factual support or arguable basis in law and therefore could not defeat the special motion.