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Perspective

Sep. 26, 2013

9th Circuit reluctant to remove anti-SLAPP

An opinion issued last week strongly signals the 9th Circuit is hesitant to remove anti-SLAPP protections from parties litigating state law claims in federal court. By James S. Azadian and Jonathan J. Boustani


By James S. Azadian and Jonathan J. Boustani


After nearly 14 years of applying the California anti-SLAPP statute in federal courts, the 9th U.S. Circuit Court of Appeals is now considering granting en banc review to determine whether the state's anti-SLAPP statute applies to state law claims litigated in federal court. In light of obiter views recently expressed in 9th Circuit concurring opinions, many articles appearing in this circular and elsewhere have al...

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