Anderson v. Smith

The Illinois Supreme Court considered the legal framework for evaluating motions to dispose of lawsuits under the Citizen Participation Act for cases filed prior to Jan. 1, 2026, to resolve a split in the appellate courts as to whether to use a “meritless and retaliatory” standard. The supreme court agreed with the appellate court that the meritless and retaliatory standard did not accurately reflect the language of the Act, but disagreed that the inquiry could include a factfinding evidentiary hearing and instead instructed that trial courts should base their rulings only on the pleadings and supporting documents. (NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, O’BRIEN, and TAILER, concurring)