Monthly Archives: September 2026

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’sContinue reading “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”