In episode 18 of the California SLAPP Law Podcast, I discuss an anti-SLAPP motion I decided NOT to pursue, and why. We discuss the case of Weinberg v. Feisel (2003) 110 Cal.App.4th 1122.
Then we dive deep into the pros, cons, and frustrations of bringing anti-SLAPP motions in Federal Court. Since 1999, the Ninth Circuit has recognized that the California anti-SLAPP statute can be applied to cases in Federal Court, but the motion you bring there is a very different animal from what is pursued in State Court. As part of our discussion on anti-SLAPP motions in Federal Court, we cover the following cases:
Erie Railroad Company v. Tompkins (1938) 304 U.S. 64
Swift v. Tyson (1842) 41 U.S. 1
United States Newsham v. Lockheed Missiles and Space Co. (1999) 171 F.3d 1208
Makaeff v. Trump University (2013) 715 F.3d 254
Verizon Delaware, Inc. v. Covad Communications (2004) 377 F.3d 1081
Globetrotter Software, Inc. v. Elan Computer Group (2004) 362 F.3d 1367