Washington Supreme Court hears arguments over scope, procedure of new anti-SLAPP statute in Thurman v. Cowles Company

The Washington Supreme Court on Sept. 24 heard competing arguments over whether RCW 4.105 (referred to at argument as UPEPA/UPPA) applies to defamation claims filed before the law took effect and whether the statute's expedited-review procedures and fee provisions undermine civil rules and petitioning rights.

Mary Schultz, counsel for petitioner Jeff Thurman, told the court she sought reversal of the Court of Appeals and reinstatement of a trial-court ruling that Thurman's defamation claims are exempt because they were filed before the statute's effective date. Schultz argued the statute is "unconstitutional on its face" because it displaces critical civil rules ' including CR 12(b)(6), CR 15, CR 26 and CR 56 ' by reversing burdens, suspending ordinary discovery, and creating immediate appellate consequences that make meaningful discovery illusory. "The statute...punishes a First…