West Virginia

Grade: F

West Virginia does not have anti-SLAPP law. 

Statute or Case Law? Any Forum? Any Public Issue? Mandatory Attorney Fees/Costs? Additional Burden? Amendment After Grant? Amendment While Pending? Immediate Appeal?
Case Law Only10

10 Leading Case: Harris v. Adkins, 432 S.E.2d 549 (W.Va. 1993).

 

Note: West Virginia has no anti-SLAPP statute.  However, the West Virginia Supreme Court has held that petitioning activity and speech in connection with an issue of public interest is entitled to the NY Times v. Sullivan malice standard level of protection.

Harris v. Adkins, 432 S.E.2d 549 (1993)

Limiting its earlier holding in Webb v. Fury, 282 S.E.2d 28, the court held that the right to petition, though not afforded absolute immunity by the Constitution, cannot give rise to liability unless the defendant is shown to have acted with actual malice.


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