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ENGLERT v. MACDONELL

Nos. 06-35465, 06-35531.

551 F.3d 1099 (2009)

Rodney D. ENGLERT, Plaintiff-Appellee, v. Herbert Leon MACDONELL, Terry L. Laber, and Peter R. DeForest, Defendants, and Barton P. Epstein, Stuart H. James, and Patricia Lough, Defendants-Appellants. Rodney D. Englert, Plaintiff-Appellee, v. Herbert Leon MacDonell, Defendant-Appellant, and Terry Laber, Barton P. Epstein, Peter R. DeForest, Stuart H. James, and Patricia Lough, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2009.

Attorney(s) appearing for the Case

Eric J. Neiman, Heather J. Van Meter, Williams, Kastner & Gibbs P.L.L.C., Portland, OR, for Appellant Herbert Leon MacDonell.

Charles F. Hinkle, Stoel Rives LLP, Portland, OR, for Appellants Barton P. Epstein, Stuart H. James, and Patricia Lough.

Robert K. Udziela, Portland, OR; Victor Calzaretta, Portland, OR, for Appellee Rodney D. Englert.

Before RICHARD C. TALLMAN and RICHARD R. CLIFTON, Circuit Judges, and EDWARD R. KORMAN, District Judge.

OPINION

KORMAN, District Judge:

Oregon has enacted a law of a kind popularly known as a "SLAPP" or an "anti-SLAPP" statute. Or.Rev.Stat. § 31.150, et seq. (2001). The acronym SLAPP stands for "strategic lawsuit against public participation." The statute creates a procedural defense to civil actions that can dismiss a case without prejudice at the pleading stage, based on an apparent weighing and balancing of the likelihood of success on the merits...

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