William Goldberg Quoted in the Chicago Jewish Star
“$36k Award in SLAPP-Mezuzah Case”

William Goldberg was quoted in the August 7, 2009 Chicago Jewish Star article, “$36k Award in SLAPP-Mezuzah Case.” The article discussed a recent Seyfarth Shaw pro bono case where the firm represented a Chicago condo resident who fought the condo association’s ban on her placing a mezuzah at the entrance to her unit. The resident, Debra Gassman, was later sued by the association and its president for defamation and malicious prosecution. The article noted that on July 30, 2009, the court awarded Seyfarth $36,840 in the firm's pro bono representation of Ms. Gassman. [N.B. Any award the firm receives will be donated to pro bono legal organizations per our firm guidelines.]

According to the article, Shoreline Towers Condominium Association and Edward Frischholz v. Debra Gassman respresented the first time that the Illinois’ Citizen Participation Act, passed into law in 2007, has been applied. The judgment for attorneys’ fees and costs is believed to be the first time such an award has been made under this statute. The Illinois statute is an example of so-called anti-“SLAPP” legislation. SLAPP lawsuits—the acronym stands for “strategic lawsuit against public participation”—aim to discourage citizen criticism by instituting expensive litigation. Bill, the lead attorney on the case, commented, “We were very pleased to get that order.”

The article noted that the ruling is being appealed and there are still four counts of alleged defamation and malicious prosecution that need to be resolved. Bill observed, “From where I sit, the situation for Shoreline does not get better. I don’t see what their interest is in it.” Bill explained that the award was for fees and costs up to July 10, 2009 and that further litigation would increase the size of the award. Bill also noted that the anti-SLAPP statue should be applied as a matter of fact to those four counts, too, and should therefore be dismissed.