ODW26C34 – Protecting Speech: Anti-SLAPP and Early Case Dismissals

Description: Imagine a routine tort lawsuit dismissed within 60 days of filing—before discovery, summary judgment, or even an opportunity to amend. The trial court not only dismisses the case but also awards the defendant attorney’s fees, costs, and sanctions against the plaintiff. None of this occurs under Federal Rule of Civil Procedure 11 or a traditional motion to dismiss. Instead, it stems from a growing trend: anti-SLAPP statutes. These laws oppose strategic lawsuits against public participation (SLAPP) and aim to protect free speech and deter frivolous litigation. The most aggressive versions impose swift dismissal procedures, early evidence requirements, complete stays of discovery, mandatory fee-shifting, and immediate appeal rights. This session examines how these powerful, fast-moving statutes can reshape civil litigation, alter plaintiffs’ procedural rights, and challenge courts to balance efficiency, fairness, and constitutional protections.

Course Year: 2026

Presenter Biography: Mbilike (pronounced “Bee” “Lee” “Kay”) is a litigation partner at Coffey Senger Hancock Harmon who focuses on complex civil litigation and appellate law in federal and state courts. He is also an adjunct law professor at the University of Tulsa College of Law, teaching artificial intelligence and the law. His primary practice areas include business disputes, product liability, insurance law, civil rights claims, First Amendment and defamation law, anti-SLAPP matters, and autonomous systems regulation.