Tanedo, et al v. East Baton Rouge Parish Sch., et al, No. 11-57064 (9th Cir. 2013)
Annotate this CasePlaintiffs sued Robert Silverman and his law firm on behalf of a class of Filipino teachers recruited to work in several school districts in Louisiana. Plaintiffs alleged that Silverman aided and abetted a human trafficking scheme in violation of the Trafficking Victims Protection Act (TVPA), 18 U.S.C. 1589, 1590, 1592, 1594, and the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-1968; breached his fiduciary duties to members of the plaintiff class; and committed legal malpractice through his role in procuring H-1B non-immigrant visas for the teachers. Silverman brought this interlocutory appeal from the district court's denial of his special motion to strike plaintiffs' second amended complaint on the ground that plaintiffs' state law claims violated California's anti-SLAPP statute, Cal. Civ. Proc. Code 425.16, and invoked Noerr-Pennington immunity against all of plaintiffs' claims. The court joined its sister circuits and held that the denial of a motion for Noerr-Pennington immunity from liability was not an immediately appealable collateral order. The court further held that it did not have pendent jurisdiction over the Noerr-Pennington issue and did not reach the merits of this issue.
Court Description: Appellate Jurisdiction. The panel dismissed for lack of jurisdiction an appeal from the denial of a motion for immunity from liability under the Noerr-Pennington doctrine, which protects the First Amendment right to petition the government for a redress of grievances. Joining other circuits, the panel held that the denial of a motion for Noerr-Pennington immunity is not an immediately appealable collateral order. The panel also held that it did not have pendent appellate jurisdiction over the Noerr- Pennington issue.
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