Wednesday, April 24, 2013

SLAPP Happy? A Trifecta!

Today you can enjoy a matched pair of SLAPP articles in the Daily Journal and Recorder.
{Update: Make that a trifecta! See below...}
Scott Graham's article in The Recorder, Rethinking Anti-SLAPP, covers the recent Makaeff v. Trump University and Mendoza v. Hamzeh opinions, which special emphasis on how the concurring opinions from Chief Judge Kozinski and Judge Paez urge that California's anti-SLAPP law should not apply in federal court. As the Chief put it, the Ninth Circuit made "a big mistake" when it decided over a decade ago to apply California's law in federal court, and he's pushing for the Circuit to revisit that issue en banc.
Not to be outdone, today's DJ has an article from Mark Goldowitz and Evan Mascagni at CASP (the California Anti-SLAPP Project) advocating the need for a federal anti-SLAPP statute.

AND see today's Met News for an article about Mendoza titled 
Court of Appeal Upholds Denial of Lawyer’s Anti-SLAPP Motion
Demand Letter Characterized as ‘Extortion’ Not Protected by Statute, Panel Says
And Greg May blogs on the case here.