Why The 9th Circ. Should Overrule Batzel V. Smith

Law360, New York (March 22, 2012, 1:35 PM EDT) -- Over the last decade, in three separate decisions, the Ninth Circuit has considered the immediate appealability, under the “collateral order doctrine,” of district court orders denying anti-strategic lawsuit against public participation motions brought under the California, Oregon and Nevada anti-SLAPP statutes. In all three cases, the court has applied the test the Supreme Court has articulated, which asks, in pertinent part, whether an otherwise interlocutory order deprives a litigant of immunity from suit.

The “appealability score” now stands at 1-2: In Batzel v. Smith, 333 F.3d...
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