Utah Supreme Court hears appeal over roughly $350,000 UPEPA attorney-fee award

The Utah Supreme Court heard arguments in an appeal challenging a district court's award of roughly $350,000 in attorney fees under Utah's anti‑SLAPP statute, UPEPA. Appellant counsel told the court the newspaper defendant's billing records showed approximately 760 hours on a motion to dismiss and a fee petition and asked the justices to reverse the award as an abuse of discretion.

The dispute centers on how to interpret UPEPA's requirement that recoverable fees be "related to" the special motion. Christopher Bates, appearing for the appellant, told the court, "The Chronicle Progress spent 760 hours on a motion to dismiss a defamation claim and on a straightforward fee motion," and argued many entries were not reasonably necessary to prosecute the special motion and thus should not have been allowed. Bates highlighted category breakdowns disclosed only on appeal, heavy redactions that obscure some entries, and a supplemental fee award entered the…