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Apr. 8, 2026

Gopher Media and the withering of anti-SLAPP in federal court

The 9th Circuit's confirmation that anti-SLAPP denials are not immediately appealable in federal court continues a line of cases trimming features that make the California statute so effective in state court, offering practical lessons on forum strategy and client counseling.

Jessica N. Meyers

Partner
Sheppard

Business Trial Group

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Gopher Media and the withering of anti-SLAPP in federal court
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In Gopher Media LLC v. Melone, 154 F.4th 696 (2025), the 9th Circuit held that an order denying a special motion to strike under California's anti-SLAPP statute is not immediately appealable. The decision is the latest in a line of federal cases trimming features that make California's anti-SLAPP statute so effective in state court and offers practical lessons on forum strategy and client counseling.

The anti-SLAPP in state court<...

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