United States Second Circuit
Liberty Synergistics Inc. v. Microflo Ltd., 12-108
The district court improperly held that California’s anti-SLAPP rule became inapplicable after plaintiff's malicious prosecution suit was transferred to New York, where: 1) the district court's decision constitutes an immediately appealable collateral order; and 2) the district court erred in concluding that California's anti-SLAPP rule cannot apply to a claim transferred from a California federal court to a New York federal court and governed, under the Erie doctrine, by New York law, because the plaintiff initially brought this suit in California and then voluntarily transferred it from a California federal court to the Eastern District of New York and because a California state court would have applied California's anti-SLAPP rule as a procedural matter, the rule is still potentially available following the transfer.
Appellate Information
- Decided 05/31/2013
- Published 05/31/2013
Judges
- CABRANES
Court
- United States Second Circuit