Wednesday, August 3, 2016

Mann bites dust; Kozinski slaps anti-SLAPPs

Image result for sticking it to the man
Hey all you SLAPPaholics out there, by now you've already devoured the Cal Supreme Court opinion -- and the ensuing flurry of blog posts and press articles -- regarding Baral v. Schnitt that unmixes the confusion about mixed causes of action (and sticks it to the Mann rule).

But if you're a real SLAPPasaurus, what you'll really enjoy is Judge Kozinski's concurring opinion here! Some zingers:

  • "These interloping state procedures have no place in federal court"
  • "anti-SLAPP cases have spread like kudzu through the federal vineyards"
  • "Now we've got a circuit split, and we're standing on the wrong side"
  • It's time to clean up our docket and secure the border between state and federal law
  • "Our acceptance of anti-SLAPP special motions was bad enough, but we made the problem worse by allowing defendants to bring interlocutory appeals"
  • "Our ink and sweat are better spent elsewhere."