In a recent Superior Court decision, the judge ruled that an abuse-of-process claim that an LLC’s majority shareholder brought against a minority shareholder during litigation to enforce a buy-sell provision in their operating agreement was not subject to dismissal under the anti-SLAPP statute. The case, AM Project Norwood LLC v. Endicott South Development Corporation, et al., is featured in Massachusetts Lawyers Weekly.
Hemenway & Barnes partner, Joseph L. Bierwirth, Jr., whose litigation practice involves fiduciary disputes and disputes between shareholders of closely held entities, was quoted in the article saying the case shows how important it is for litigants to submit affidavits to support their position on an anti-SLAPP motion.
“Affidavits are permitted under the [anti-SLAPP statute] regarding any claims and defenses,” he said. “Here, the court placed a great deal of reliance on the fact that one party submitted them while the other party didn’t. And it’s through the affidavits that the plaintiff was able to demonstrate that there were these extra-legal activities they could claim as a basis for their abuse-of-process claim.”
To read the full article, please click here: Majority shareholder’s claim against minority owner not SLAPP suit