Perspective
Aug. 2, 2013
Why anti-SLAPP does not belong in federal court
Anti-SLAPP motions are regularly deployed for purposes the Legislature did not intend. While fewer than 60 motions were filed in 1999, that figure has grown to more than 500 for every year since 2002. By Laurence Paradis and Michael Nuñez
The 9th U.S. Circuit Court of Appeals is currently considering whether to review en banc the question of whether state anti-SLAPP laws should apply to actions in federal court. Makaeff v. Trump University, LLC, 715 F.3d 254 (9th Cir. 2013). Despite opinions to the contrary, there are two key problems with allowing defendants to use California's anti-SLAPP device in federal court. First, the anti-SLAPP motion is pr...
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