Massachusetts Appeals Court· 8/2/2010
Keystone Freight Corp. v. Bartlett Consolidated, Inc.
Citations
- 77 Mass. App. Ct. 304
- 930 N.E.2d 744
- 2010 Mass. App. LEXIS 1020
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Keystone’s claim was based on Bartlett’s alleged billing misconduct, not solely the filing of its collection action
- explaining that “attribution of a motive, alone, is never sufficient” to survive an anti-SLAPP motion but “‘evidence of improper action, separate and distinct from the exercise of petitioning activity, is necessary’” (citation omitted)
- “allegations of an ulterior motive unsupported by conduct independent of the petitioning activity are irrelevant to the first stage analysis”
- abuse of process claim was not based solely on special motion proponent's petitioning activity, but also on proponent's fraudulent billing practices prior to commencement of collection action
Source: CourtListener parenthetical corpus (CC0).
Judges: Trainor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.