California Appellate Tracker

Schwern v. Plunkett

January 30, 2017

Based on a recently-enacted Oregon statute requiring courts to enter a limited, immediately appealable judgment when denying an Anti-SLAPP motion, the Ninth Circuit now has jurisdiction to consider appeals from orders denying Anti-SLAPP motions under Oregon law.

Shortly after the 9th Circuit’s decision in Englert v. MacDonell (9th Cir. 2009) 551 F.3d 1099, the Oregon Legislature amended that state’s Anti-SLAPP statute to provide that after denying an Anti-SLAPP motion, the court should enter a limited judgment denying the motion. The statute also provides for an immediate right of appeal from the limited judgment. As a result, the Ninth Circuit now has jurisdiction to consider appeals from orders denying Anti-SLAPP motions under Oregon law.

Ninth Circuit Court of Appeals (McKeown, J.); January 17, 2017; 2017 WL 164323

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Schwern v. Plunkett

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