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Cameron Stracher

Anti-SLAPP hits a wall

10/23 – Sitting en banc, the Ninth Circuit ruled that a denial of an anti-SLAPP motion under California law cannot be appealed immediately under the collateral-order doctrine, overturning prior precedent. The decision arose from Gopher Media v. X, a defamation dispute involving alleged social-media harassment. While the court assumed without deciding that California’s anti-SLAPP statute applies in federal court, it held that a denial of an anti-SLAPP motion can only be reviewed after final judgment. The ruling limits defendants’ ability to seek early appellate relief, but leaves anti-SLAPP motions intact for now as a tool to combat meritless speech-related claims.

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