Friday, July 24, 2020
Last week, the Second Circuit issued its decision in La Liberte v. Reid. Judge Jacobs’ opinion addresses a thorny question that has divided the circuits—whether state anti-SLAPP statutes apply in federal court under the Erie doctrine/Rules Enabling Act framework. The specific state provision in this case is California’s “special motion to strike” procedure. Here are some highlights:
The test is whether “a Federal Rule of Civil Procedure ‘answer[s] the same question’ as the [special motion to strike].” Abbas, 783 F.3d at 1333 (alteration in original) (quoting Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 559 U.S. 393, 398–99 (2010)). If so, the Federal Rule governs, unless it violates the Rules Enabling Act. Id. Applying that test, we first conclude that the special motion to strike in California’s anti-SLAPP statute answers the same question as Federal Rules 12 and 56.
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Since Rules 12 and 56 answer the same question as California’s special motion to strike, they “govern in diversity cases in federal court, unless Rules 12 and 56 violate the Rules Enabling Act.” Abbas, 783 F.3d at 1336. “So far, the Supreme Court has rejected every challenge to the Federal Rules that it has considered under the Rules Enabling Act.” Id. Neither Reid nor amici curiae invite us to deviate. Still, we briefly address the question for the sake of completeness. The test is “whether a rule really regulates procedure,--the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for disregard or infraction of them.” Sibbach v. Wilson & Co., 312 U.S. 1, 14 (1941). Like the Eleventh Circuit, “[w]e have little difficulty concluding” that Rules 12 and 56 “comply with the Rules Enabling Act,” particularly because they “‘affect only the process of enforcing litigants’ rights and not the rights themselves.’” Carbone, 910 F.3d at 1357 (second alteration in original) (quoting Burlington N. R.R. Co. v. Woods, 480 U.S. 1, 8, (1987)). Accordingly, federal courts must apply Rules 12 and 56 instead of California’s special motion to strike.
H/T: Howard Wasserman