Johanna Schneider Comments on SJC Decision Providing Clarity on Lis Pendens Statute in Appellate Cases

Johanna W. Schneider was quoted in Massachusetts Lawyers Weekly’s article, “SJC: lis pendens statute provides for appellate fees.”

The Supreme Judicial Court’s (SJC) recent decision in DeCicco, et al. v. 180 Grant Street LLC established that a prevailing party under the special motion to dismiss procedure of the lis pendens statute is entitled to an award of attorneys’ fees in both the trial and appellate courts. The SJC relied upon the relevant statutory language governing a special motion to dismiss pursuant to the “anti-SLAPP statute,” G.L.c. 231, §59H, saying “Not only is the language of the two statutes almost exactly the same, but, importantly, the underlying policies are essentially the same.”

Johanna, counsel at Hemenway & Barnes and co-Chair of REBA’s Litigation Section told MLW, “Both statutes are designed to ensure that the successful defendant is made whole by being reimbursed for the legal fees it has incurred in its defense of the summarily dismissed case . . . adding that the SJC’s decision provides useful clarity and also makes sense as a matter of policy.”

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