Thursday, October 9, 2025

Gopher's out of the hole! Anti-SLAPP appeals not allowed...

A sad day for slapp-happy appellate lawyers? Today the Ninth Circuit issued Gopher Media v. Melone:

Overruling Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003), and dismissing an appeal for lack of jurisdiction, the en banc court held that a district court’s denial of a motion to strike under the California anti-SLAPP statute does not satisfy the requirements for an interlocutory appeal under the collateral order doctrine.

The MetNews has Anti-SLAPP Motion Denials Are Not Immediately Appealable -- En Banc Court Overrules Case Finding That Such Orders Qualify for Interlocutory Relief

Law360 has 9th Circ. Changes Stance On Appeals Of Anti-SLAPP Denials