Latest Decision to Keep Anti-SLAPP out of Federal Court May Spark High Court Review

In a First Amendment case involving a MAGA-hatted plaintiff, a Twitter storm, and allegations of defamation against MSNBC’s Joy Reid, the Second Circuit recently held that California’s anti-SLAPP law does not apply in federal court. The Second Circuit joined several other Circuits which, unlike the Ninth, have held that state anti-SLAPP statutes have no place in federal court. MoFo’s Derek Foran and Michael Komorowski discuss the split and ponder future developments in this evolving space.

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