United States Ninth Circuit

In copyright action related to the licensing of Superman, the denial of defendant's motion, pursuant to California's Anti-SLAPP statute, to strike certain of plaintiff's state law claims, the Court has jurisdiction over the interlocutory appeal, where: 1) Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) remains good law after Mohawk Industries v. Carpenter, 130 S. Ct. 599 (2009), and thus; 2) the denial of a motion to strike made pursuant to California’s anti-SLAPP statute remains among the class of orders for which an immediate appeal is available.

Appellate Information

• Decided 01/10/2013
• Published 01/10/2013

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel