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Reply #8: Ohio Attorney General Jim Petro has filed a "SLAPP" Suit [View All]

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Coastie for Truth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-19-05 11:40 PM
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8. Ohio Attorney General Jim Petro has filed a "SLAPP" Suit
SLAPP = "Strategic Law Suit Against Public Participation"

This is a device that developers use to go against environmentalists, etc.

    SLAPP Law Suits are a disbarment offense in several states - including NY (don't know about Ohio)


AG Petro has to prove at least one of the following elements to avoid being a defendant himself--

(1) That Arnebeck et al. filed their suit for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) That the claims, defenses, and other legal contentions made by Arnebeck et al. are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law;

(3) That the allegations and other factual contentions made by Arnebck et al. do not have any evidentiary support and unlikely to have evidentiary support even after a reasonable opportunity for further investigation or discovery; and

(4) The denials by Arnebeck et al. of Blackwell's factual contentions are unwarranted on the evidence or are not reasonably based on information or belief.

If Ohio Attorney General Jim Petro fails to prove at least one of the above, then his assertions against Arnebeck et al. are no more then an unlawful law suit filed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. This would be a classic "SLAPP" suit, and a classic case of "malicious prosecution" as well as abuse of his office.

But this is Ohio - land of Blackwell and of the June 4, 1970 Massacre at Kent State.
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