No More Anti-SLAPPs in Fed Court? With Cory Webster

The California Appellate Law Podcast

The 9th Circuit is taking up the ostensible narrow issue of appealability of anti-SLAPP orders. But it could be broader. Much broader. If the court decides anti-SLAPPs are procedural rather than substantive, says Cory Webster, that would mean no more anti-SLAPP motions in federal court.

We also discuss that recent panel that departed from an earlier decision, ruling it was “clearly irreconcilable” with recent Supreme Court precedent, even if it arguably wasn’t.

And why was that homelessness case—which ultimately came down to a procedural question of waiver—published? Did Judge Bumatay, who authored the dissent, request publication? We indulge in some rank speculation.

Cory Webster’s biography and LinkedIn profile.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• Should Anti-SLAPP denials be appealable in federal court? The 9th Circuit will take another look. Panel decision in Martinez v. ZoomInfo Techs. (No. 22-35305 (9th Cir. Jan. 18, 2024)).
• Rep. Raskin’s anti-SLAPP bill
• Climate Change on Trial podcast
• Panel rejects 9th Cir. precedent by saying it was overruled—even though it wasn’t Munoz v. Superior Court of L. A. Cnty., No. 22-55941 (9th Cir. Jan. 9, 2024)
• In San Fran homelessness case in 9th Cir., two stark opinions about waiver Coal. On Homelessness v. City of San Francisco, No. 23-15087 (9th Cir. 2024)
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.