Civil Litigation,
Appellate Practice,
9th U.S. Circuit Court of Appeals
May 10, 2013
9th Circuit judges call for an end to anti-SLAPP in federal court
Two 9th Circuit judges recently called for their colleagues to consider en banc whether federal courts should permit state-law based anti-SLAPP motions at all.
Alana H. Rotter
Partner, Greines, Martin, Stein & Richland LLP
Phone: (310) 859-7811
Email: arotter@gmsr.com
Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.
Can a defendant use an anti-SLAPP motion to defeat a California law claim brought in federal district court? The answer today is "yes." But a recent 9th U.S. Circuit Court of Appeals decision suggests that the answer might soon change.
California's anti-SLAPP statute, Code of Civil Procedure Section 425.16, allows trial courts to strike certain lawsuits - those arising from acts of speech or petition on public issues - early in the litigation unless the plaintiff can establish a p...For only $95 a month (the price of 2 article purchases)
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