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Fifth Circuit Finds Appellate Jurisdiction and Holds That a State Anti-SLAPP Law Does Not Apply in Federal Court, Widening Circuit Splits on Both Issues

In Sahs v. Loyola Univ. New Orleans, No. 25-30263 (5th Cir. Sept. 11, 2026), a Fifth Circuit panel repudiates prior dicta from a 2016 decision and holds that Louisiana’s anti-SLAPP law is a procedural law that, under Erie principles, does not apply in federal court. In a separate opinion, dubitante, one panelist challenges the panel’s…

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Tenth Circuit Holds That a Defense Presentation of Plaintiff’s “Cop-Watch” Social Media Posts at Trial Was Unduly Prejudicial Under Fed. R. Evid. 403, Warranting a New Trial

In Cronick v. City of Colorado Springs, No. 25-1235 (10th Cir. Aug. 28, 2026), the Tenth Circuit holds that cross-examining a plaintiff for about her “cop-watching” social media videos, in which she’s shown in police and security guard “encounters unrelated to the arrest at issue” in the case, was unduly prejudicial to the plaintiff under…

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Ninth Circuit Holds That A Federal Court May Exercise Supplemental Jurisdiction Over a State Law Claim Even Where the Federal Claim is a Permissive Counterclaim Under Fed. R. Civ. P. 13(b)

In Zunun Aero, Inc. v. The Boeing Co., No. 24-5212 (9th Cir. Aug. 26, 2026), on a petition for panel rehearing, the Ninth Circuit holds that a federal court may exercise supplemental jurisdiction over state-law claims, under 28 U.S.C. § 1367(a), even where the federal-law claim is a permissive counterclaim under Fed. R. Civ. P.…

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