FAC Urges Federal Court to Uphold Right to Appeal Denials of Anti-SLAPP Motions

California has a robust anti-SLAPP law designed to prevent frivolous lawsuits from threatening freedom of speech. Unlike in most cases, when the losing party can only appeal at the end of the lawsuit, the anti-SLAPP law guarantees a right to immediate appeal of an order denying an anti-SLAPP motion. This is a key part of the law because it allows parties to seek a ruling on whether the lawsuit can go forward before they incur potentially crushing litigation costs.

With Davis Wright Tremaine, FAC filed an amicus brief in Martinez v. ZoomInfo Techs., Inc. to defend longstanding Ninth Circuit precedent that the denial of an anti-SLAPP motion in federal court is subject to immediate appeal, as it is in state court, rather than at the end of the case, which is typical in federal court. 

On March 1, the court took oral argument off calendar pending an expected settlement between the parties.