Wednesday, November 27, 2013

Federal SLAPPdown

The ruling California SLAPPaholics have been waiting for has issued this morning: Yes, that would be the order on the en banc petition in Makaeff v. Trump University (order here!). En banc review was denied, thus saving California's anti-SLAPP motions from being thrown out of federal court. A lengthy order denying en banc review was drafted by Judge Wardlaw and Callahan (joined by Fletcher and Gould). It's a great read. But in the other corner, weighing in with Judges Watford (joined by CJ Kozinski, Paez and Bea), is a dissental, also a great read. For anyone looking to understand the policy reasons for and against the anti-SLAPP law, and when en banc review is appropriate, it's all here. Something to ponder as we're all digesting a large meal tomorrow.

And in other exciting anti-SLAPP news, the California Supreme Court granted review in Barry v. State Bar (2013) 218 Cal.App.4th 1435, in which 2/2 had held that no anti-SLAPP fees were allowed in a case where the trial court lacked jurisdiction, and thus lacked jurisdiction to award fees. This rubbed a lot of folks in the anti-SLAPP sphere the wrong way, so this grant of review is welcome news.