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Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 8320.1. Action for protected public expression

Current as of January 01, 2025 | Updated by Findlaw Staff

<For applicability of 2024, July 17, P.L. 836, No. 72, see §§ 4 to 6 of that Act.>

(a) Establishment.--A person has a cause of action if, in a previous cause of action based on protected public expression:

(1) the person would have prevailed on a ground under section 8340.15 (relating to grant of immunity); but

(2) the court did not make a determination on immunity under section 8340.15.

(b) Recovery.--A party that prevails in an action under this section is entitled to recover from the nonprevailing party under subsection (a)(1) all of the following:

(1) Attorney fees, court costs and expenses of litigation in the underlying action.

(2) Punitive damages upon proof that the underlying action was commenced or continued for the sole purpose of harassing, intimidating, punishing or maliciously inhibiting protected public expression.

(c) Construction.--This section shall be broadly construed and applied to defend and enhance protected public expression.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

“Protected public expression.”As defined in section 8340.13 (relating to definitions).

“Protected public expression immunity.”As defined in section 8340.13.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 8320.1. Action for protected public expression - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-8320-1/

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