Advertising Disclosure Email Disclosure

Defense 'SLAPPS' Plaintiffs' Case

In this non-profit agency directors and officers liability case, our client, a non-profit environmental protection association, was dismissed with prejudice on preliminary objections in the Court of Common Pleas of Butler County, Pennsylvania. The plaintiffs were a group of residential homeowners who leased portions of their properties to Marcellus Shale energy companies. The defendants included our client and other nearby property owners who had filed a claim with a local zoning board challenging the ordinance allowing the drilling. The plaintiffs alleged that the zoning ordinance challenge was not legitimate and was filed merely to harass the plaintiffs and to tortiously interfere with their contractual rights with the energy companies. Our preliminary objections were grounded upon the argument that the plaintiffs’ lawsuit was a Strategic Litigation Against Public Participation (SLAPP) suit and that the defendants were entitled to immunity from the plaintiffs’ lawsuit based upon the Noerr-Pennington Doctrine. This doctrine provides that citizens are immune from liability with respect to their right to petition governmental agencies to adopt change or reform. The court agreed and dismissed the plaintiffs’ complaint with prejudice (we had previously had the original complaint dismissed without prejudice).

Practice Group Contact

Offices

Related Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."