Consociate Inc. v. Macon County Shared Vision [1]

Administrators of the employee healthcare plan for the city of Decatur, Illinois filed a defamation lawsuit against Macon County Shared Vision, a concerned-citizens group that criticized high healthcare costs in several website postings.

Defendants moved to dismiss the complaint under Illinois anti-SLAPP statute, which was passed by the legislature but not signed by the governor before the suit was filed.  The Illinois court held that the anti-SLAPP statute's dismissal provision applied retroactively to the case, but that the its costs and fees provision did not. The court also rejected the administrators' argument that the anti-SLAPP law was unconstitutional under the Illinois Constitution.

The administrators subsequently moved to voluntarily dismiss the complaint, and the court granted the motion over Macon County Shared Vision's objection. In April 2009, Macon County Shared Vision appealed the decision to grant voluntary dismissal and to not award fees and costs.

Update:

August 24, 2009 - Macon County Shared Vision appealed the voluntary dismissal of the case and argues that the cost and fees provision of Illinois' anti-SLAPP statute does apply retroactively to the case.