Lowes v. Thompson

Summary

The Oregon Supreme Court held that the nondisparagement clause in the parties’ stipulated divorce judgment does not waive the procedural protections of Oregon’s anti‑SLAPP statute. Accordingly, the Court of Appeals’ conclusion that the clause alone defeats the special motion to strike is reversed and the matter is remanded for the Court of Appeals to evaluate the plaintiff’s step‑two burden. The decision affirms the trial court’s finding that the claim arises out of protected speech but requires further analysis of the probability of prevailing.