Peter Lowes v. Amy Thompson

Bend, Oregon family law lawyer represented the Plaintiff who sued on a breach of nondisparagement clause in a stipulated divorce judgment defeated a special motion to strike under Oregon's anti-SLAPP statute, ORS 31.150.



Plaintiff Lowes alleged that his ex-wife, defendant Thompson, had breached the nondisparagement clause in the stipulated judgment of dissolution of their marriage when, as a candidate for political office, she spoke to a reporter about an incident of domestic violence, describing Lowes as her "abuser." The trial court granted Thompson's special motion to strike the breach of contract claim under the anti-SLAPP law. The Court of Appeals reversed, concluding that Thompson had waived the right to speak disparagingly about her ex-husband and that such a waiver alone defeated her anti-SLAPP motion to strike. Lowes v. Thompson, 331 Or.App. 406, 546 P.3d 311 (2024). We allowed Thompson's petition for review, and we now reverse the Court of Appeals' decision in part and remand to that court for further proceedings.



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Legal issue Does a nondisparagement clause in a divorce judgment waive the procedural protections provided by Oregon's anti-SLAPP statute?

Headnote



CONTRACT LAW. NONDISPARAGEMENT CLAUSES. The court addressed whether a nondisparagement clause in a stipulated divorce judgment precluded a special motion to strike under Oregon's anti-SLAPP statute when the defendant, a political candidate, spoke to a reporter about alleged incidents of domestic violence.



CIVIL PROCEDURE. ANTI-SLAPP STATUTE. The case involved the application of Oregon's anti-SLAPP statute, focusing on whether a nondisparagement clause in a divorce judgment constitutes a waiver of the defendant's right to use the statute's procedural protections to dismiss a breach of contract claim based on public statements.



PUBLIC POLICY. CONTRACT ENFORCEABILITY. The court considered the enforceability of nondisparagement clauses concerning public interest matters, particularly potential public policy implications of enforcing such clauses to prevent disclosure of alleged past domestic abuse.



Key Phrases Nondisparagement clause. Anti-SLAPP statute. Breach of contract claim. Procedural protections. Issue of public interest.

The decision of the Court of Appeals is affirmed in part and reversed in part, and the case is remanded to the Court of Appeals for further proceedings.