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Case Information
Filed
2023-06-30
Status
Argued, under advisement
Type
Civil
Docket
24 entries
Docket Entries
- Entered.
- ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether to revisit the existing framework for assessing special motions to dismiss filed under the anti-SLAPP statute, G. L. c. 231, § 59H; including, with respect to stage two, (a) whether a non-movant must show that every single alleged act of petitioning was a sham in order to meet its burden under the first path; (b) whether to revisit the existing standard of proof, as set forth in Baker v. Parsons, 434 Mass. 543, 553-554 (2001), or consider alternative standards of proof, including, e.g., a prima facie standard, for assessing whether a non-movant has met its burden under the first path; and (c) whether to retain the second path, as set forth in Blanchard v. Steward Carney Hosp., Inc., 477 Mass. 141, 160-161 (2017), by which a non-movant may meet its burden. (Note that this case will be argued with SJC-13405, Columbia Plaza Associates vs. Northeastern).
- NOTICE of September argument sent.
- Motion to file new brief filed for Rochester Bituminous Products, Inc., Albert Todesca and Paul Todesca by Attorney Michael Rabieh.
- ORDER: The appellants' motion to file a new brief is ALLOWED. The appellants' brief and appendix shall be due on or before August 18, 2023. The appellees' brief shall be due on or before September 18, 2023. Oral argument shall be scheduled for the October sitting of the Court. By the Court.
- NOTICE of October argument sent.
- Appellant brief filed for Rochester Bituminous Products, Inc., Albert Todesca and Paul Todesca by Attorney Michael Rabieh.
- Appendix filed for Rochester Bituminous Products, Inc. by Attorney Michael Rabieh.
- Motion to accept late filing filed for Rochester Bituminous Products, Inc., Albert Todesca and Paul Todesca by Attorney Michael Rabieh. (ALLOWED)
- The clerk's office has received the appellant's brief and appendix through e-fileMA. The brief and appendix have been accepted for filing and entered on the docket. The appellant shall file with the clerk 4 copies of the brief and 3 copies of appendix within 7 days. The clerk's office may require additional copies if necessary. (Cover of appellant's brief shall be blue and cover of appendix shall be white.)
- Certificate of service filed for Rochester Bituminous Products, Inc., Albert Todesca and Paul Todesca by Attorney Michael Rabieh.
- ORDERED for argument on October 2.
- Additional 4 copies of appellant's brief and 3 copies of appendix filed by Rochester Bituminous Products, Inc. & others.
- Amicus brief filed for NAIOP Massachusetts by Attorney Robert Ross.
- The clerk's office has received the amicus brief filed for NAIOP Massachusetts through e-fileMA. The brief has been accepted for filing and entered on the docket. The amicus shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (Note: Cover of amicus brief shall be green.)
- Amicus brief filed for New England First Amendment Coalition by Attorney Jeffrey Pyle.
- The clerk's office has received the amicus brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The amicus curiae (New England First Amendment Coalition) shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (Cover of amicus brief shall be green.)
- Additional 4 copies of amicus brief filed by NAIOP Massachusetts.
- Additional 4 copies of amicus brief filed by New England First Amendment Coalition.
- Appellee brief filed for Bristol Asphalt Co., Inc. and Edgewood Development Co., LLC by Attorney Lauren Galvin.
- The clerk's office has received the appellee's brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The appellee shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (NOTE: The cover of the brief shall be red.)
- Additional 4 copies of appellee's brief filed by Bristol Asphalt Co., Inc. & another.
- Oral argument held. (Budd, C.J., Gaziano, J., Lowy, J., Kafker, J., Wendlandt, J., Georges, Jr., J.). View Webcast
- NOTICE: The video recording of the oral argument in this matter has been posted to the SJC YouTube archive. Subscribe and view: https://www.youtube.com/c/massachusettssupremejudicialcourt.
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