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9th U.S. Circuit Court of Appeals

Jan. 22, 2024

Full 9th Circuit to reconsider power to review anti-SLAPP motions

“My particular objection is that a motion based on California’s anti-SLAPP statute is wholly grounded in that state’s procedural law, yet we have infused it with substantive significance. Over time, we have turned the statute into a ground for interlocutory appeal in the federal courts,” Senior 9th Circuit Judge M. Margaret McKeown wrote.

Senior 9th Circuit Judge M. Margaret McKeown

The 9th U.S. Circuit Court of Appeals will reconsider whether it should be able to review anti-SLAPP motions on interlocutory appeal in a case involving a plaintiff’s right of publicity.

An en banc panel will consider in March whether California anti-SLAPP protections apply in federal court; and whether denial of the motion is appealable under the collateral-order doctrine. Martinez v. ZoomInfo Technologies Inc., 22-35305 (9th Circ., filed ...

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