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State court claims can and regularly are brought in federal court because federal courts have authority to hear state law cases. It’s Civil Procedure 101. Count
by staticautomatic 4y ago
State court claims can and regularly are brought in federal court because federal courts have authority to hear state law cases. It’s Civil Procedure 101. Counter-claims which arise from the same operative facts must be brought or else they’re generally waived.
- otterley 4y agoAlso, 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 4y agoThat makes sense, though it’s hard for me to imagine a reasonable finding they don’t apply given the state public policy justification.
- shadowfacts 4y agoMy understanding of the linked article is that the question is whether the federal rules of civil procedure supersede the state anti-SLAPP statue, because, since it’s in federal court, the suit is governed by the FRCP even if it’s over state or common law claims.