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Litigation

Feb. 25, 2010

Turbo Charge SLAPP Fee Motions With Expert Declarations

Practitioner James Moneer explains why use of expert declarations in SLAPP fee motions can boost your chances of securing the right fee award.

By James J. Moneer

The use of expert declarations in making and opposing SLAPP fee motions provides maximum persuasive power in convincing the judge to move as close as possible to the number ultimately sought. Obviously, in the case of an unsuccessful SLAPP plaintiff, zero is ideal but unrealistic in most cases. In cases where the amount of fees sought by the defendant approaches or exceeds $50,000.00, expert declarations almost invariably result in a significa...

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