Thursday, September 21, 2023

How do you feel about SLAPP appeals?

Regarding today's published 9th Cir. opinion in Martinez v. Zoominfo, The Recorder has 9th Circuit Judges Criticize Court's Early Open Door to Anti-SLAPP Appeals -- Ninth Circuit Judge M. Margaret McKeown said the court has “turned a blind eye to the incongruity” of reviewing on interlocutory appeal denials of anti-SLAPP motions to strike “for too long."
Two judges on the U.S. Court of Appeals for the Ninth Circuit wrote separately on Thursday critiquing the court’s practice of taking up appeals of failed anti-SLAPP motions. The ruling considers a motion to strike under California’s anti-SLAPP statute—a law blocking litigation that seeks to silence free speech. In concurrences, Judge M. Margaret McKeown and Roopali H. Desai of the U.S. Court of Appeals for the Ninth Circuit underlined that the court’s precedent allowing for review of denials of motions to strike under anti-SLAPP laws falls within the minority of the court’s sister circuits. The judges asserted that the motions do not qualify for appeal at the Ninth Circuit before final judgment at the trial court.

[9/22/23 The DJ's story is Right of publicity claim exempt from anti-SLAPP law and Law360's story is 
Judges Urge 9th Circ. To Stop Hearing Anti-SLAPP Appeals]