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Can Anti-SLAPP Motion Denials Be Immediately Appealed?
In a move of keen interest to the entertainment industry, the full U.S. Court of Appeals for the Ninth Circuit has agreed to review whether a judge's denial of a motion to strike a California Strategic Lawsuits Against Public Participation suit can be immediately appealed by the defendant who claims the case was brought solely to chill its speech. Anti-SLAPP motions to strike have become common in entertainment litigations.
The Ninth Circuit appeal is Martinez v. ZoomInfo Technologies Inc., No. 22-35305. The case involves the publisher of an online professional directory that faces a class action lawsuit from individuals who allege the company uses their information to advertise subscriptions, and misappropriates their names and likeness in violation of California's right of publicity statute, Cal. Civ. Code §3344.
ZoomInfo said the class action lawsuit violates California's prohibition on SLAPP, or litigation whose true goal is to chill speech from critics, and should be dismissed accordingly. The U.S. District Court for the Western District of Washington disagreed, allowing the class action lawsuit to proceed.
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