Inside 9th Circ. Decision On Anti-SLAPP Appeals

Law360, New York (June 22, 2016, 1:59 PM EDT) -- Under Ninth Circuit case law, an order denying a defendant's anti-SLAPP motion is immediately appealable.

But is an order granting a defendant's anti-SLAPP motion immediately appealable? The Ninth Circuit's recent published opinion in Hyan v. Hummer (filed June 14, 2016) answers that question. The answer is no.

California's anti-SLAPP statute provides that a defendant may move to "strike" a "strategic lawsuit against public participation," i.e., a lawsuit based on the defendant's acts in furtherance of his or her rights of petition or free speech. That statute provides that an order "granting or denying a special motion to strike shall be appealable."...

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