January 16, 2025
Willkie recently secured a significant victory for its pro bono clients – 11 non-profit organizations dedicated to advancing women’s rights and gender quality, including National Woman’s Law Center, and an individual attorney – who had been sued for defamation in connection with a proposed amicus brief they had filed in the Connecticut Supreme Court. Willkie filed both a motion to dismiss and a special motion to dismiss pursuant to Connecticut’s anti-SLAPP statute, which the Connecticut Superior Court granted after hearing oral argument in December 2024.
This victory stems from a lawsuit initiated by a former Yale University student based on language in a proposed amicus brief referring to plaintiff as a “rapist” after he had been found responsible for sexual misconduct by Yale’s University-Wide Committee on Sexual Misconduct. The proposed amicus brief had been submitted in another defamation case initiated by plaintiff against Yale University and the individual who had reported plaintiff for sexual assault while they were students at Yale University. In the proposed amicus brief, the amici had offered their expertise to weigh in on questions certified to the Connecticut Supreme Court on the scope of absolute immunity in Title IX proceedings.
The Connecticut court granted Willkie’s motion to dismiss for lack of subject matter jurisdiction because the litigation privilege applied to the proposed amicus brief, and the challenged statements were pertinent to the controversy. The issue was one of first impression, providing Connecticut precedent that the litigation privilege covers amicus briefs – even proposed amicus briefs – as an important part of the appellate process.
The court also granted Willkie’s special motion to dismiss pursuant to Connecticut’s anti-SLAPP statute, holding that defendants had made an initial showing that the complaint was based on the exercise of defendants’ right to petition the government on a matter of public concern, and plaintiff had not shown probable cause that he would prevail on the merits.
The ruling represents a decisive step forward in defining the contours of the litigation privilege under Connecticut law and advancing the continued applicability of Connecticut’s anti-SLAPP statute.
The Willkie team consisted of partner Amanda Amert and associates Sara Kim, Mila Rusafova, Joseph Mario Buccilli and Kenedi McCormick.
This victory stems from a lawsuit initiated by a former Yale University student based on language in a proposed amicus brief referring to plaintiff as a “rapist” after he had been found responsible for sexual misconduct by Yale’s University-Wide Committee on Sexual Misconduct. The proposed amicus brief had been submitted in another defamation case initiated by plaintiff against Yale University and the individual who had reported plaintiff for sexual assault while they were students at Yale University. In the proposed amicus brief, the amici had offered their expertise to weigh in on questions certified to the Connecticut Supreme Court on the scope of absolute immunity in Title IX proceedings.
The Connecticut court granted Willkie’s motion to dismiss for lack of subject matter jurisdiction because the litigation privilege applied to the proposed amicus brief, and the challenged statements were pertinent to the controversy. The issue was one of first impression, providing Connecticut precedent that the litigation privilege covers amicus briefs – even proposed amicus briefs – as an important part of the appellate process.
The court also granted Willkie’s special motion to dismiss pursuant to Connecticut’s anti-SLAPP statute, holding that defendants had made an initial showing that the complaint was based on the exercise of defendants’ right to petition the government on a matter of public concern, and plaintiff had not shown probable cause that he would prevail on the merits.
The ruling represents a decisive step forward in defining the contours of the litigation privilege under Connecticut law and advancing the continued applicability of Connecticut’s anti-SLAPP statute.
The Willkie team consisted of partner Amanda Amert and associates Sara Kim, Mila Rusafova, Joseph Mario Buccilli and Kenedi McCormick.
