The California 2d District Court of Appeal on Monday affirmed a trial judge who denied Lewis Brisbois’ bid to strike the retailer’s action under a California law that prohibits so-called strategic lawsuits against public participation. The “anti-SLAPP” statute forbids lawsuits intended to curb someone’s legally protected rights.

The three-judge panel held that the law did not apply to the allegations Kmart made against the law firm.