Ninth Circuit Refuses to Hear Early Appeal in Speech Rights Case

A federal district court’s refusal to apply California’s anti-SLAPP law in a case isn’t subject to early appellate review, the en banc Ninth Circuit said Thursday.

Denial of the motion to strike didn’t satisfy the requirements for interlocutory appeal under the collateral order doctrine, Chief Judge Mary H. Murguia said in an opinion for the US Court of Appeals for the Ninth Circuit that reversed its 22-year-old holding in Batzel v. Smith.

Andrew Melone owns American Pizza Manufacturing, a take-and-bake pizza shop. Ajay Thakore owns the neighboring business Gopher Media LLC. Melone said when a dispute broke out between ...