James Flynn Quoted in “Federal Judge Weighs Anti-SLAPP ‘Burden'”

Massachusetts Lawyers Weekly

James P. Flynn, Member of the Firm and Managing Shareholder of the firm’s Newark office, was quoted in Massachusetts Lawyers Weekly, in “Federal Judge Weighs Anti-SLAPP ‘Burden,’” by Kris Olson. The article discusses Mr. Flynn’s work on behalf of client, Hi-Tech Pharmaceuticals. (Read the full version – subscription required.)

Following is an excerpt:

Hi-Tech Pharmaceuticals’ attorney, James P. Flynn of Newark, New Jersey, said he and his co-counsel “did not see Steinmetz as driving the analysis” in their case.

Flynn argued in his brief that Steinmetz “simply supports the same observation made in earlier cases … that there are similarities between the Maine Anti-SLAPP statute … and the Massachusetts Anti-SLAPP statute.”

Moreover, Flynn noted that while Casper alternately dismissed Steinmetz’s claims under Fed. R. Civ. P. 12(b)(6), his client had survived such a motion.

“This is important because Massachusetts and Maine law make clear that the anti-SLAPP statute is not intended to allow for the dismissal of meritorious claims,” he argued.