Litigation
Oct. 16, 2014
Some anti-SLAPP appellants are simply out of luck
The 9th Circuit recently found that the doctrine that permits immediate appeals of orders denying anti-SLAPP motions in federal court does not apply to orders granting anti-SLAPP motions. By Douglas C. Rennie
Picture it: You file a lawsuit. The defendant files a motion under the anti-SLAPP law seeking to dismiss several of the claims. The trial court grants it. You file an appeal. If you are in state court, there is no question that the California Court of Appeal can hear your case. If you are in federal court, however, your appeal might be dismissed for lack of appellate jurisdiction. This is true even though the defendant could have appealed if ...
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