Case Dismissal Muddies Fee-Shifting in NJ Defamation Appeal

A New Jersey appeals court on Thursday probed whether to end a loophole that could let plaintiffs quickly dismiss defamation lawsuits in order to avoid penalties for lawsuits that target free speech.

New Jersey’s anti-SLAPP law can award defendants fees and costs for winning lawsuits that implicate First Amendment rights, such as defamation. But the Superior Court Appellate Division dove into just what triggers a defendant’s ability to get attorney fees when a plaintiff voluntarily dismisses their case, as cases involving expression aren’t automatically subject to fee-shifting.

The issue arose in the case of a Jewish man, Allen J. Satz, ...