CoreCivic, Inc. v. Candide Group, LLC
United States Court of Appeals for the Ninth Circuit
46 F.4th 1136 (2022)
- Written by Jamie Milne, JD
Facts
CoreCivic, Inc. (plaintiff) was a private prison company. Journalist Morgan Simon (defendant) published articles heavily criticizing CoreCivic’s role in immigrant detention at the United States border. CoreCivic sued Simon and her company, Candide Group, LLC (Candide) (defendant), for defamation in a federal district court in California, invoking the court’s diversity jurisdiction. Candide filed a special motion to strike the claim under California’s anti-SLAPP statute, meaning California’s law preventing strategic lawsuits against public participation. Anti-SLAPP statutes were intended to provide a quick and cost-effective procedural mechanism for dismissing meritless lawsuits filed to silence or punish persons for exercising their free-speech or free-petition rights. California’s statute required dismissal of a defamation claim unless a court concluded that the plaintiff had established a probability of success. Applying the statute, the district court dismissed CoreCivic’s claim. CoreCivic appealed to the Ninth Circuit, arguing that the anti-SLAPP statute did not apply in federal court because it conflicted with the Federal Rules of Civil Procedure.
Rule of Law
Issue
Holding and Reasoning (Thomas, J.)
What to do next…
Here's why 907,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,100 briefs, keyed to 996 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.


