Publication Date
Spring 4-23-2024
School
Helms School of Government
Major
Criminal Justice; Government: Pre-Law
Keywords
anti-SLAPP laws, circuit split, choice of law, substantive and procedural law
Disciplines
Civil Law | Civil Procedure | Conflict of Laws | Law
Recommended Citation
Dryer, Jacob, "SLAPP-ed Around: Examining the Use of State Anti-SLAPP Laws in Federal Cases" (2024). Senior Honors Theses. 1375.
https://digitalcommons.liberty.edu/honors/1375
Abstract
This thesis explains Strategic Lawsuits Against Public Participation (SLAPPs) and examines the applicability of state anti-SLAPP laws in federal cases. Currently, the Federal Circuits are split on this issue, and the United States Supreme Court has not granted certiorari to any cases that have addressed this issue. This thesis reviews the jurisprudence related to the application of state anti-SLAPP laws in federal court. The author further examines what the Circuits have held about the applicability of anti-SLAPP laws and the rationales of each decision. Based on this information, this thesis argues that if the U.S. Supreme Court were to hear this issue, it should reject the applicability of the procedural portions of anti-SLAPP laws in federal court.
Included in
Civil Law Commons, Civil Procedure Commons, Conflict of Laws Commons
