LOS LOBOS RENEWABLE POWER v. AMERICULTURE, INC.

No. 16-2046.

885 F.3d 659 (2018)

LOS LOBOS RENEWABLE POWER, LLC, and Lightning Dock Geothermal, Hi-01, LLC, Plaintiffs-Appellees, v. AMERICULTURE, INC., and Damon Seawright, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 12, 2018.


Attorney(s) appearing for the Case

Charles N. Lakins , Lakins Law Firm, P.C., Albuquerque, New Mexico, for Appellants.

Clinton W. Marrs , and Patrick J. Griebel , Marrs Griebel Law Ltd., Albuquerque, New Mexico, Earl E. DeBrine, Jr. , and Emil J. Kiehne , Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico, and Michelle Henrie , Michelle Henrie, LLC, Albuquerque, New Mexico, for Appellees.

Before TYMKOVICH, Chief Judge, BALDOCK, and BRISCOE, Circuit Judges.


This appeal considers the applicability of a New Mexico statute to diversity actions in federal court. In this action, AmeriCulture filed a special motion to dismiss the suit under New Mexico's anti-SLAPP statute, a provision designed to expedite judicial consideration of so-called "strategic lawsuits against public participation." The district court, however, refused to consider that motion, holding the statute authorizing it inapplicable in federal court.

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