A Georgia Court dismissed a lawsuit brought by a gun dealer last week, because the man failed to certify that his lawsuit was not a SLAPP.
Jay Wallace, a gun dealer in Georgia, brought suit against New York City mayor Michael Bloomberg, after Bloomberg called a number of gun dealers who had sold guns recovered at New York city crime scenes "rogue dealers."
Georgia's anti-SLAPP law is unlike many state protections against SLAPPs. It requires that a plaintiff file a series o verifications, similar to those required by the federal rules of civil procedure. A plaintiff filing a suit that arises from speech in connection with an issue of public interest must certify that:
1. The plaintiff and his attorney have read the claim;
2. To the best of their knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law;
3. The act forming the basis for the claim is not a privileged communication under Georgia's anti-SLAPP law; and
4. The claim is not interposed for any improper purpose such as to suppress a person's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation.
In Georgia, if the claim is not verified, the court must dismiss it. Further, a court may determine on its own motion that a claim has been improperly verified, and if so, can dismiss the case and award attorney's fees to the defendant.
Here, Jay Wallace failed to verify that his complaint was not a SLAPP. The court dismissed the case, which Wallace's lawyer, Bob Barr, says he plans to appeal.