Carbone v. Cable News Network, Inc., No. 17-10812 (11th Cir. 2018)
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Plaintiff filed suit against CNN for publishing a series of allegedly defamatory news reports about him and the medical center he administered. The district court denied CNN's motion to strike the complaint under the Georgia anti-SLAPP (Strategic Lawsuits Against Public Participation) statute.
The Eleventh Circuit affirmed in part, holding that the motion-to-strike procedure of the Georgia anti-SLAPP statute, O.C.G.A. 9-11-11.1, does not apply in federal court. The court dismissed in part, holding that it lacked pendent appellate jurisdiction to review the denial of the motion to dismiss for failure to state a claim.
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