Demoulas Super Markets, Inc. v. Ryan

Is a finding on a motion under G. L. c. 231, § 6F, that a claim is not “wholly insubstantial and frivolous” preclusive of the issue whether the claim was “devoid of any reasonable factual support or arguable basis in law,” incident to a special motion to dismiss a subsequent action based on the same claim, *260under G. L. c. 231, § 59H (the “anti-SLAPP”3 statute)? We conclude that the prior determination that the claim is not frivolous is preclusive for such purposes and accordingly affirm the judgment dismissing the plaintiff’s complaint.

Background. The plaintiff, Demoulas Super Markets, Inc.…