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Article
A SLAPP in the Face: Why Principles of Federalism Suggest that Federal District Courts Should Stop Turning the Other Cheek
Journal of Court Innovation (2008)
  • Lisa Litwiller
Abstract
This article examines the nexus between state and federal law where SLAPP and Anti-SLAPP statutory schemes are litigated by a federal district court sitting in diversity. In particular, this article will explore the standard the federal court should apply when an Anti-SLAPP early motion to dismiss is brought by SLAPP defendant and the plaintiff challenges dismissal on the basis of the Federal Rules of Civil Procedure pursuant to the regime established by the Supreme Court in Hannah v. Plumer.
Keywords
  • Anti-SLAPP,
  • Erie Doctrine,
  • federalism
Disciplines
Publication Date
2008
Citation Information
Lisa Litwiller, A SLAPP in the Face: Why Principles of Federalism Suggest that Federal District Courts Should Stop Turning the Other Cheek, 1 J. Ct. Innovation 67 (2008). Available at: http://works.bepress.com/lisa_litwiller/1