Thursday, March 30, 2023

Why are there anti-SLAPP appeals in the 9th?

The MetNews has Bress Questions Why Ninth Circuit Permits Appeals From Anti-SLAPP Motion Denials about Judge Bress's concurring opinion in the unpub'd decision in Salveson v. Kessler.

  • This case is the latest example of why we should question whether we have jurisdiction under the collateral order doctrine over an interlocutory appeal of the denial of an anti-SLAPP motion.
  • This piecemeal appeal, which our precedents unjustifiably allow, has resulted in a totally meritless anti-SLAPP motion delaying this litigation by nearly a year. That is neither sound as a matter of law nor sensible as a matter of litigation management.
On April 29 from 2 to 5 p.m. CLA's Litigation Section & Criminal Law Section present a free 2 hour mcle event at CLA's HQ office in Sacramento featuring retired 3d DCA Justice William Murray on AB 3070 and its Impact on the use of Peremptory Challenges. Details here.