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Article: Think Twice Before Removing California SLAPP Cases To Federal Court.(Strategic lawsuits against public participation)
- Article from:
- Mondaq Business Briefing
- Article date:
- February 25, 2002
- Author:
CopyrightCOPYRIGHT 2002 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Co-written by Gialisa Whitchurch
Unless there is a compelling reason to remove a case to federal court, defendants who plan to file a special motion to strike under California's anti-SLAPP statute, C.C.P. [currency] 425.16, should stay in state court. Defendants can file anti-SLAPP motions in federal court, but for a variety of reasons defendants should strongly consider keeping SLAPP cases in state court:
Unlike state court, there is no automatic stay of discovery once a special motion to strike is filed in federal court.
The federal courts have not addressed whether the automatic right to appeal exists if a special motion to strike is denied.