Norman Gaudette v. Terry M. Davis

Summary

The Maine Supreme Judicial Court addressed the procedure for resolving special motions to dismiss under Maine’s anti-SLAPP statute, 14 M.R.S. § 556. The court clarified that, after the defendant establishes that the claims arise from petitioning activity and the plaintiff makes a prima facie showing, the trial court may allow limited discovery and conduct an evidentiary hearing at which the plaintiff must prove the required elements by a preponderance of the evidence. The court vacated the denial of Terry M. Davis’s motion and remanded for reconsideration under the clarified procedure.

Holdings

1. The defendant must first establish, based on the pleadings and affidavits and as a matter of law, that the claims are based on constitutionally protected petitioning activity. If that showing is made, the plaintiff must establish through pleadings and affidavits a prima facie case that the petitioning activity lacked any reasonable factual support or arguable legal basis and caused actual injury. If the plaintiff meets that prima facie burden as to any petitioning activity, the motion is not automatically denied; on motion by either party, the court must permit a brief period of limited discovery followed by an evidentiary hearing, unless the parties do not request discovery or a hearing.
2. Any discovery and evidentiary hearing must be strictly limited to whether the defendant's petitioning activity lacked reasonable factual support or an arguable legal basis and caused actual injury; they may not address the merits of the underlying causes of action or petitioning activities for which the plaintiff failed to make a prima facie showing.
3. Davis's statements concerning the sexual-abuse allegations and their handling fell within the broad statutory definition of petitioning activity as a matter of law.

Questions Presented

1. What procedure and burdens govern a special motion to dismiss under Maine's anti-SLAPP statute, 14 M.R.S. § 556?
2. Whether the defendant's statements constituted petitioning activity as a matter of law.
3. Whether, after the plaintiff makes a prima facie showing that petitioning activity lacked reasonable factual or legal support and caused actual injury, the special motion must automatically be denied or instead proceeds to limited discovery and an evidentiary hearing.

Disposition

vacated