Smith v. Supple

Summary

Justice D’Auria, joined by Justices Ecker and Alexander, dissents from the conclusion that the denial of a special motion to dismiss under Connecticut’s anti-SLAPP statute is immediately appealable. He would hold that the statute creates an expedited procedure for asserting preexisting immunity from liability, not immunity from suit or a statutory right to interlocutory appeal, because the statutory text lacks distinctive and unmistakable language creating either right. Justice D’Auria would therefore dismiss the defendants’ appeal.