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May 1, 2012

Litigating California’s anti-SLAPP statute in federal court

Use of California's anti-SLAPP statute in federal court raises difficult questions, many of which remain unsettled.

Marc Lewis

Partner
Lewis & Llewellyn LLP

505 Montgomery St Ste 1300
San Francisco , CA 94111

Marcis an experienced civil trial lawyer. Unlike most litigators, Marc tries cases. Marc has first chaired numerous civil jury trials to verdict - the most recent of which spanned eight weeks, involved more than forty witnesses, and resulted in a favorable settlement post-verdict.

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By Marc Lewis and Matthew Paul

A strategic lawsuit against public participation (SLAPP) intends to censor, silence, or intimidate individuals by saddling them with a lawsuit until they are silenced. California's anti-SLAPP statute provides a broad and powerful weapon for defendants in such cases.

Most California litigators have at least heard of the statute. But most California attorneys do not know how the statute applies in federal court. Here we consider a defendant's ...

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