In this article, I address an important procedural question: whether state anti-SLAPP statutes can be applied in federal diversity cases. I explain the existing circuit split—some circuits (like the Ninth and First) allow state anti-SLAPP motions in federal court alongside the Federal Rules of Civil Procedure, while others (including the Second, Fifth, Tenth, Eleventh, and D.C. Circuits) conclude they conflict with federal procedural rules and therefore cannot. I highlight how anti-SLAPP protections differ from federal procedures, especially regarding discovery stays and burdens of proof, and argue that the Supreme Court will likely need to resolve this split to provide clarity for litigants nationwide.
