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Also, defamation is a creature of common law and therefore state law governs it; there is no Federal defamation law. Ubiquiti filed in federal court under diver
by otterley 5y ago
Also, defamation is a creature of common law and therefore state law governs it; there is no Federal defamation law. Ubiquiti filed in federal court under diversity jurisdiction, and likely because they think they'll get a better outcome than they would in state court. But the court still has to adjudicate the substantive claims under VA state law. Procedurally, though, the Federal Rules of Civil Procedure apply in Federal court, not state procedural rules.
The cited article suggests that some Federal circuits treat anti-SLAPP statutes as procedural rather than substantive law, and so federal judges might decline to apply them in the cases brought to them.
- staticautomatic 5y agoThat makes sense, though it’s hard for me to imagine a reasonable finding they don’t apply given the state public policy justification.