Grade: D

Delaware has a weak anti-SLAPP law. It enacted anti-SLAPP legislation in 1992.

Jurisdiction Statute or Case Law? Any Forum? Any Public Issue? Mandatory Attorney Fees/Costs? Additional Burden? Amendment After Grant? Amendment While Pending? Immediate Appeal?
Delaware Del. Code. Ann. tit. 10 section 8136 (2011) Y Y Y ?

DEL. CODE ANN. tit. 10, §§ 8136 – 8138 (1992)

Statements made by an applicant, permittee, or related person regarding a government licensing, permitting, or other decision, are protected. Delaware also provides for a SLAPPBack cause of action.  Under DEL. CODE ANN. tit. 10, § 8138, a SLAPP defendant may recover compensatory and punitive damages, in addition to fees and costs, upon an additional demonstration that the SLAPP was commenced or continued for the purpose of harassing, intimidating, punishing, or otherwise maliciously inhibiting, the free exercise of speech, petition or association rights.

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