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Civil Rights,
9th U.S. Circuit Court of Appeals

Aug. 31, 2022

Anti-SLAPP valid in federal case, split circuit panel says

“It’s a great ruling for activists like Morgan Simon who are working with others to champion change. Having the anti-SLAPP statute be available for them to be protected against litigation is a really, really valuable thing,” said defense attorney Thomas R. Burke.

A split federal appellate panel on Tuesday affirmed a district judge’s decision to dismiss a lawsuit brought by a private prison company accusing a journalist of defamation for written statements about its alleged involvement in separating immigrant families at the U.S.-Mexico border.

The ruling by a 9th U.S. Circuit Court of Appeals panel affirmed that California’s anti-SLAPP law applies to defamation allegations made in federal court.

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