United States Ninth Circuit

In an underlying California state court legal malpractice action, the district court's order granting a motion to strike claims under California's anti-SLAPP statute, the action is dismissed for lack of appellate jurisdiction where: 1) the order granting an anti-SLAPP motion was not a 'final decision' over which the court could exercise jurisdiction because the order dismissed two of the defendants, but one defendant remained in district court; and 2) although the grant of an anti-SLAPP motion to strike is treated as final in California courts, under the Erie doctrine federal courts sitting in diversity apply federal procedural law, and Fed. R. Civ. P. 54(d) clearly states that the order on appeal here is not final.

Appellate Information

• Published 2016/06/14

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel