Fee-Shifting in Anti-SLAPP Statute Not at Odds With Federal Rules
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Eleventh Circuit in Parekh v. CBS, a case concerning the applicability of the Florida anti-SLAPP statute’s fee-shifting provision in federal court. The district court granted CBS’s motion to dismiss Parekh’s defamation action and awarded CBS fees and costs under the Florida anti-SLAPP statute. Parekh appealed. The amicus brief argues that the Florida fee-shifting provision does not conflict with the Federal Rules of Civil Procedure because the Federal Rules do not address whether dismissal of a SLAPP can support an award of attorney fees. The brief also argues that applying state anti-SLAPP fee-shifting provisions uniformly in state and federal court would protect valuable speech and prevent forum shopping.