Saturday, September 19, 2026

SLAPPing COD

The Fifth Circuit with a new decision again holding that state SLAPP laws do not apply in federal court (you can review the Erie analysis for fun). For our purposes, it has a lengthy discussion of the multi-prong circuit split on whether the denial of an anti-SLAPP motion (often because the motion does not apply in federal court) falls within the COD.

Fair game for a reaction paper. Definitely on next year's oral arguments.