AmeriCulture, Inc., has filed a writ of cert in Los Lobos v. AmeriCulture, an anti-SLAPP case out of the 10th Circuit.
Said the court in part:
This appeal considers the applicability of a New Mexico statute to diversity actions in federal court. In this action, AmeriCulture filed a special motion to
dismiss the suit under New Mexico’s anti-SLAPP statute, a provision designed to expedite judicial consideration of so-called “strategic lawsuits against public
participation.” The district court, however, refused to consider that motion, holding the statute authorizing it inapplicable in federal court.
For the reasons set forth here, we agree. Judge Baldock first gives the factual background, on which the panel agrees. Chief Judge Tymkovich’s
opinion, which Judge Briscoe joins, explains why we have jurisdiction to hear this appeal under the collateral order doctrine. The opinion of Judge Baldock explains
our unanimous holding on the merits of this appeal. Finally, Judge Baldock dissents to our jurisdictional holding.