Tisbert v. Ameen

In this case, we conclude it was not error for the motion judge to decline to award attorney’s fees in connection with the plaintiffs motion to dismiss the defendant’s counterclaim, where the motion judge denied the motion brought pursuant to G.L.c. 231, §59H, the anti-SLAPP statute,2 and dismissed the counterclaim on the alternative basis, raised by the plaintiff, that the counterclaim failed to state a cause of action.3

In allowing the motion to dismiss the defendant’s counterclaim, the motion judge did not initially distinguish whether the motion was allowed pursuant to the anti-SLAPP…