James Lobiondo, Jr. and Denise Lobiondo

Summary

The Supreme Court of New Jersey held that the common law tort of malicious use of process is available as a remedy for victims of SLAPP suits, but rejected James Lo‑Biondo’s reliance on the advice‑of‑counsel defense because he did not fully disclose his motives to counsel; consequently his malicious‑use‑of‑process claim was dismissed. The Court also affirmed the dismissal of the claim against the Giordano attorneys, finding no proof of absence of probable cause, malice, or a special grievance as to them.