Jessica Meyers explains that in Gopher Media LLC v. Melone (9th Cir. 2025), the Ninth Circuit held that an order denying a special motion to strike under California’s anti-SLAPP statute is not immediately appealable in federal court. She contrasts this with California state court, where anti-SLAPP is designed to force an early merits test, stay discovery, shift fees to prevailing defendants and allow immediate appeal, making it a powerful early exit tool.
She highlights a growing view within the Ninth Circuit, reflected in Judge Bress’ concurrence, that California’s anti-SLAPP statute may not apply in federal court at all, and she urges careful forum strategy because plaintiffs may face significant fee shifting exposure even if an anti-SLAPP ruling comes later in the case.
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