202 A.3d 1189
Me.2019Background
- Michael Geilenfeld founded St. Joseph’s Home for Boys in Haiti; Hearts with Haiti, Inc. (HWH) is a U.S. nonprofit that supports the home.
- Paul Kendrick publicly accused Geilenfeld of sexually abusing children and repeatedly contacted HWH donors and other third parties urging them to stop supporting HWH and St. Joseph’s.
- HWH sued Kendrick in federal court alleging defamation, false light, tortious interference, and intentional infliction of emotional distress; a jury awarded HWH damages but the federal case was later dismissed for lack of subject-matter jurisdiction and the First Circuit affirmed dismissal on appeal proceedings.
- HWH refiled substantially the same claims in Maine Superior Court; Kendrick moved to dismiss under Maine’s anti‑SLAPP statute and for partial judgment on the pleadings (statute of limitations and that emotional distress claim was subsumed by defamation).
- The Superior Court denied Kendrick’s anti‑SLAPP motion and his statute‑of‑limitations motion but dismissed the intentional infliction of emotional distress claim; Kendrick appealed the anti‑SLAPP denial and the statute‑of‑limitations ruling; HWH cross‑appealed the dismissal of emotional distress.
- The Maine Supreme Judicial Court treated only the anti‑SLAPP denial as properly before it (interlocutory appeal allowed), affirmed the denial, and dismissed the remainder of the appeals as interlocutory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the anti‑SLAPP statute applies to Kendrick’s conduct | HWH argued Kendrick’s statements were tortious communications not protected by petitioning | Kendrick argued his communications were petitioning activity protected by the First Amendment and § 556 | Court held most of Kendrick’s conduct was not petitioning activity under § 556; anti‑SLAPP did not apply, so denial affirmed |
| Whether the complaint is based primarily on petitioning activity | HWH argued the conduct targeted donors/third parties and was non‑petitioning | Kendrick argued some statements were calls to action directed at authorities or public forums | Court found only a small portion could be petitioning; majority were threats/derogatory messages to private third parties and thus not covered |
| Whether interlocutory appeals of statute‑of‑limitations and emotional‑distress rulings were reviewable now | HWH maintained the emotional‑distress dismissal required review; Kendrick sought immediate review of statute‑of‑limitations ruling | Kendrick asserted those rulings should be decided now | Court held neither the death‑knell, collateral‑order, nor judicial‑economy exceptions applied; appeals of those parts were interlocutory and dismissed |
| Whether emotional‑distress claim was subsumed by defamation (procedural posture) | HWH sought reversal of dismissal of emotional‑distress claim | Kendrick argued the claim was subsumed and properly dismissed | Court did not reach merits on appeal (cross‑appeal interlocutory) |
Key Cases Cited
- Nader v. Me. Democratic Party, 66 A.3d 571 (Me. 2013) (definition/scope of petitioning activity under Maine anti‑SLAPP law)
- Nader v. Me. Democratic Party, 41 A.3d 551 (Me. 2012) (balancing First Amendment petitioning rights and access to courts; procedural framework)
- Gaudette v. Mainely Media, LLC, 160 A.3d 539 (Me. 2017) (standard of review for anti‑SLAPP denials)
- Gaudette v. Davis, 160 A.3d 1190 (Me. 2017) (anti‑SLAPP purpose and protections for public speech)
- Morse Bros., Inc. v. Webster, 772 A.2d 842 (Me. 2001) (context on SLAPPs and typical mischief anti‑SLAPP statutes address)
- Schelling v. Lindell, 942 A.2d 1226 (Me. 2008) (examples of protected petitioning activity: letters and public statements)
- Maietta Constr., Inc. v. Wainwright, 847 A.2d 1169 (Me. 2004) (petitioning activity where communications were to governmental actors)
- Hearts with Haiti, Inc. v. Kendrick, 192 F. Supp. 3d 181 (D. Me. 2016) (prior federal suit and initial judgment)
- Hearts with Haiti, Inc. v. Kendrick, 856 F.3d 1 (1st Cir. 2017) (appellate disposition in related federal proceedings)