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CBM Attorney Published in The Recorder

On Monday, November 17, 2008, The Recorder, in its Litigation Supplement, published an article by CBM Associate Jodi Swick entitled A SLAPP AGAINST FEES; Courts are moving away from mandatory fee awards for anti-SLAPP motions. In her article, Ms. Swick discusses how some courts have begun to find ways to reduce, and sometimes deny altogether, an award of attorney fees, despite having granted a defendant's anti-SLAPP motion. Ms. Swick details how, under the reasoning of these decisions, an award of attorney fees to a prevailing defendant on an anti-SLAPP motion is permissive and within the court's discretion, rather than mandatory and a matter of right. » Read article