Pryor v. Brignole

Summary

The court held that a defendant's denial of making allegedly protected statements does not prevent the defendant from asserting a colorable claim under the anti-SLAPP statute for purposes of appellate jurisdiction. Because the alleged letters to news outlets concerned an attorney's arrest, prosecution, and professional fitness, the defendants had a superficially well-founded claim that the conduct involved communication in a public forum on a matter of public concern. The court therefore concluded that denial of the special motions to dismiss was an appealable final judgment and remanded for further proceedings. D'Auria, J., dissenting, would have affirmed dismissal of the appeals because the statute does not authorize an immediate appeal and does not protect defendants who deny making the challenged statements.