Massachusetts Appeals Court September 26, 2007, No. 06-P-912 (Demoulas Super Markets, Inc. v. Ryan)

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United States · · · 26-09-2007

Green, J.

Is a finding on a motion under G. L. c. 231, § 6F, that a claim is not “wholly insubstantial and frivolous” preclusive of the issue whether the claim was “devoid of any reasonable factual support or arguable basis in law,” incident to a special motion to dismiss a subsequent action based on the same claim, *260under G. L. c. 231, § 59H (the “anti-SLAPP”3 statute)?

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