Partner William S. Fish, Jr. shared his views on The Appellate Court of Connecticut’s decision that a trial court is not authorized to conduct an evidentiary hearing on a special motion to dismiss under Connecticut’s anti-SLAPP statute and to base its decision on evidence collected at that hearing.
Bill shared that:
“I see no conflict … because that does not have the potential finally to determine the outcome of a case. “In other words, the complaint is not going to be dismissed after a PJR proceeding. That is very different obviously from what can happen on a special motion to dismiss, where if granted, the case is over.”
He also noted he agreed with the Appellate Court’s ruling.
“I have held the view since the General Assembly adopted the statute that any weighing of live witness testimony would violate both the statute and the CT Constitution.”
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