X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Lynch, Chief Judge, Torruella and Howard, Circuit Judges.

LYNCH, Chief Judge. Pat Godin, the former principal of the Fort O’Brien Elementary School in Machiasport, Maine, brought suit against the Machiasport School Department Board of Directors (“Machiasport”) and School Union No. 134 in March 2009, alleging a violation of her due process rights under 42 U.S.C. § 1983. She also sued three individual school system employees who had separately stated in meetings with officials their views that Godin had acted abusively toward students at the school. Plaintiff brought state-law claims that these allegations were defamatory and led the school system to terminate her employment; the school system says her job was terminated due to budgetary shortfalls.

Many states have enacted special statutory protections for individuals, like the individual school system employees in this case, named as defendants as a result of the exercise of their constitutional rights to petition the government. These anti-”SLAPP” (“strategic litigation against public participation”) laws provide such defendants with procedural and substantive defenses meant to prevent meritless suits from imposing significant litigation costs and chilling protected speech. The two federal appellate courts that have addressed whether they must enforce these state anti-SLAPP statutes in federal proceedings have concluded that they must. See Henry v. Lake Charles Am. Press, LLC, 566 F.3d 164 (5th Cir. 2009); United States ex rel. Newsham v. Lockheed Missiles & Space Co., 190 F.3d 963 (9th Cir. 1999). See also Metabolife Int’l, Inc. v. Wornick, 264 F.3d 832, 845-47 (9th Cir. 2001) (limiting application of one anti-SLAPP provision where information was within exclusive control of the defendant). This question, here as it applies to Maine’s anti-SLAPP statute, is one of first impression for this court, and lies at the center of this appeal. We hold the Maine anti-SLAPP statute must be applied.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2021

July 29, 2021
Virtual

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Register

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

PERSONAL INJURY ATTORNEYS FOR ESTABLISHED PLAINTIFFS' FIRM (ATLANTA, GA)

Atlanta, Georgia, United States

Our client, an established and extremely well-regarded high volume law firm, is seeking to add talented attorneys to their team.  Ideal...


Apply Now ›

SENIOR ASSOCIATE FAMILY LAW ATTORNEY FOR ESTABLISHED ATLANTA FIRM (Atlanta, GA)

Atlanta, Georgia, United States

Our client, an outstanding mid-sized Atlanta firm is seeking a Family Law Attorney to join their established Family Law Practice. Quali...


Apply Now ›

Intellectual Property Paralegal

Tampa, Florida, United States

A large manufacturing company that just moved its headquarters to Tampa is seeking a paralegal with 3+ years of Intellectual Property experi...


Apply Now ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

07/19/2021
NJLJ Web

SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

07/12/2021
NJLJ Web

SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!


View Announcement ›

BRAVERMAN KASKEY GARBER, PC

07/06/2021
TLI Web

Braverman Kaskey Garber thanks Pennsylvania Legal Awards for honoring our founder and managing partner, David L. Braverman, with the 2021 Lifetime Achievement Award.


View Announcement ›