Nunag-Tanedo

Nunag-Tanedo v. East Baton Rouge Parish School Board

Good Law
711 F.3d 1136·2013 WL 1223526·2013 U.S. App. LEXIS 6100
United States Court of Appeals for the Ninth CircuitMarch 27, 2013No. 11-57064California2,420 words

Opinion

Lead Opinion

Berzon, J.

Our question is whether the denial of a motion for immunity from liability under *1138 the Noerr-Pennington doctrine is immediately appealable. We hold that it is not.

California attorney, Robert Silverman, and his firm, Silverman & Associates, Inc. (collectively “Silverman”), were sued by the plaintiffs-appellees on behalf of a class of Filipino teachers recruited to work in several school districts in Louisiana. The plaintiffs allege 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 (“the RICO Act”), 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 brings this interlocutory appeal from the district court’s denial of his special motion to strike the plaintiffs’ second amended complaint. He sought to strike the plaintiffs’ state law claims on the ground that they violate California’s anti-SLAPP statute, 1 Cal.Civ.Proc.Code § 425.16, and invoked…

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