DURACRAFT CORPORATION v. HOLMES PRODUCTS CORPORATION


427 Mass. 156 (1998)

DURACRAFT CORPORATION v. HOLMES PRODUCTS CORPORATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 25, 1998.


Attorney(s) appearing for the Case

Dustin F. Hecker for Holmes Products Corporation.

Richard J. Yurko (Evan M. Fray-Witzer with him) for Francis E. Marino.

Edward J. Dailey (Lee Carl Bromberg with him) for the plaintiff.

The following submitted briefs for amici curiae:

Scott Harshbarger, Attorney General, Dorothy Anderson, Edward J. DeAngelo & William J. Duensing, Assistant Attorneys General, for the Commonwealth.

Alan Garber, Clair A. Carlson & Paul D. Boynton, for Office One, Inc.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


MARSHALL, J.

We are asked to determine whether the defendants' special motions to dismiss pursuant to G. L. c. 231, § 59H, commonly referred to as the anti-SLAPP statute, are applicable to the plaintiff's claim that the defendant, Francis E. Marino, breached a confidentiality agreement with it, and other related claims, and if so, whether the statutory procedure for early dismissal of such claims is constitutional. We conclude that the Legislature did not intend...

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