Civil Litigation,
Appellate Practice,
9th U.S. Circuit Court of Appeals
Feb. 7, 2013
9th Circuit clarifies anti-SLAPP motion appeal rules
Previous decisions led some to question whether the denial of an anti-SLAPP motion remains immediately appealable to the 9th Circuit. The 9th Circuit has now answered that question "yes."
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.
California's anti-SLAPP statute is a powerful tool for disposing of meritless lawsuits that arise from a defendant's exercise of free speech or petition. But a trial court's ruling on an anti-SLAPP motion is far from the end of the road. In the California court system, most orders granting or denying an anti-SLAPP motion are immediately appealable. And a new decision from the 9th Circuit confirms that the rule is the same when a federal district court denies an anti-SLAPP motion to strik...
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