Oregon

Grade: A

Oregon has an excellent anti-SLAPP law. It was enacted in 2001.

Jurisdiction Statute or Case Law? Any Forum? Any Public Issue? Mandatory Attorney Fees/Costs? Additional Burden? Amendment After Grant? Amendment While Pending? Immediate Appeal?
Oregon Or. Rev. Stat. section 31.150 et seq (2001) Y Y Y Y ? ?
 

OR. REV. STAT. §§ 31.150 et seq. (2001)

Statements made:  in a government proceeding; in connection with issue under consideration by government; in a place open to public or public forum if connected with issue of public interest; or other conduct in furtherance of petition or right of free speech in connection with public issue or issue of public interest.

Note: Oregon attorney Linda Williams reports that the Oregon legislature amended the state’s anti-SLAPP law in 2009. She reports that the law now explicitly provides for immediate appeal, and that a court must now award fees to a prevailing defendant, but not plaintiff.  The immediate appeal provision is likely in response to the Ninth Circuit’s holding in Englert v. MacDonnell, in which the court held that the legislature had evidenced no intent to allow appeal of denials of motions under the statute.  Williams reports the changes will take effect beginning in 2010.


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