Federal Claims & Anti-SLAPP Motions

Few lawyers are aware that the anti-SLAPP statue applies at the federal level, although some of its provisions are not applied because they collide with FRCP 56. In other words, at the federal level, in some respects, an anti-SLAPP motion is treated as a summary judgment motion. But even though the SLAPP statute is applied by federal courts to state law claims, district courts have unanimously held that the statute doesn’t apply to federal questions in federal courts because it would frustrate substantive federal rights. 

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