U.S. Supreme Court,
Civil Litigation
Jul. 23, 2020
Latest decision to keep anti-SLAPP out of federal court may spark high court review
A ruling by the 2nd Circuit is the latest, and perhaps the most high-profile, federal appellate decision to hold that a state anti-SLAPP statute has no place in federal court. With a rising tide of these decisions and a circuit split, many are asking whether the U.S. Supreme Court will take up the issue.
Derek F. Foran
Partner
Morrison & Foerster LLP
Phone: (415) 268-6323
Email: dforan@mofo.com
Derek is a business litigator and trial lawyer representing companies in high-stakes commercial litigation in state and federal court.
Michael E. Komorowski
Associate
Morrison & Foerster LLP
Email: mkomorowski@mofo.com
Michael is a litigator working on a range of securities and commercial matters.
A 2nd U.S. Circuit Court of Appeals decision made headlines last week as the latest flashpoint in the Trump culture wars. A combustible mix of a woman in a MAGA baseball cap apparently yelling at a Latino teenager, a cable TV personality who joined the fray on social media, and a defamation lawsuit make for irresistible reading. But the 2nd Circuit's decision in $95
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