In another case that defly manuevers around the thorny Erie issues presented by state anti-SLAPP laws, the Fifth Circuit reminded that Louisiana’s law imposes a burden that “is the same as that of a non-movant opposing summary judgment under Rule 56.” (applying Lozovyy v. Kurtz, No. 15-30086 (5th Cir. Dec. 29, 2015)). The Court assumed the law would apply, but noted: “We do not conclusively resolve today whether Article 971 applies in diversity cases.” Block v. Tanenhaus, No. 15-30459 (March 7, 2016).
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