Dec. 2, 2016
Kozinski takes on anti-SLAPP in federal court, redux
On its surface, a recent 9th Circuit decision is a sleeper. Court observers may wonder why the judges chose to publish their opinion. The reason is a concurrence by Judge Alex Kozinski calling for the evisceration of long-standing precedent. By James S. Azadian and Eric G. Salbert
In August, the 9th U.S. Circuit Court of Appeals filed a per curiam decision in Travelers Casualty Insurance Company of America v. Hirsh, 831 F.3d 1179 (Aug. 3, 2016). The court affirmed the trial court's denial of the defendant's anti-SLAPP motion. In exercising jurisdiction over the defendant's immediate appeal of the trial court's anti-SLAPP ruling, Judges Alex Kozinski, Ronald M. Gould and And...
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