Nexus v. Swift

OPINION

CONNOLLY, Judge.

Appellant challenges the district court’s denial of her motion to dismiss respondent’s defamation suit pursuant to Minnesota’s anti-SLAPP statute. The statute immunizes from liability “[ljawful conduct or speech that is genuinely aimed in whole or in part at procuring favorable government action ... unless the conduct or speech constitutes a tort or a violation of a person’s constitutional rights.” Minn.Stat. § 554.03. The district court held that to the extent the anti-SLAPP statute required the district court to determine by clear and convincing evidence whether…