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Thomas v. Fry's Electronics
Citation: Not availableDocket: 03-56306
Court: Court of Appeals for the Ninth Circuit; March 13, 2005; Federal Appellate Court
Original Court Document: View Document
Steve Thomas appeals the denial of his anti-SLAPP motion to strike state law counterclaims from Fry’s Electronics in a declaratory relief action. The Ninth Circuit has jurisdiction under 28 U.S.C. § 1292(b). The district court determined that California’s anti-SLAPP statute conflicts with the Federal Rules of Civil Procedure based on recent Supreme Court rulings. However, the Ninth Circuit reviewed this decision de novo and found that the district court misinterpreted the implications of the Supreme Court's decision in *Swierkiewicz v. Sorema*. The Ninth Circuit clarified that its previous ruling in *Newsham v. Lockheed Missiles & Space Co.* confirmed that California's anti-SLAPP provisions are indeed applicable in federal court, and that *Swierkiewicz* does not preclude this application. Consequently, the Ninth Circuit reversed the district court's ruling and remanded the case to address the merits of Thomas's motion to strike and his request for attorney's fees and costs.