Focus (Forum & Focus)
May 1, 2008
Putting Down Collateral
Focus Column - By Paul D. Fogel and Dennis Peter Maio - The 9th Circuit may need to get involved to clarify a court case that erroneously opened the federal appellate court door to anti-SLAPP appeals.
By Paul D. Fogel and Dennis Peter Maio
This article appears on Page 7
Under the "anti-SLAPP statute," Code of Civil Procedure Section 425.16, a defendant who has been sued for engaging in constitutional speech or petition rights in connection with a public issue may obtain an order striking the complaint unless the plaintiff establishes a probability of prevailing on the merits. Although when enacted in 1992, t...
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