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The Increasing Californication of Nevada’s Anti-Slapp Jurisprudence

January 1, 2019, The Writ, “Appellate Briefs”

In 2015, the Nevada legislature amended Nevada’s anti-SLAPP statute to require that the “plaintiff must meet the same burden of proof that a plaintiff has been required to meet pursuant to California’s anti-Strategic Lawsuits Against Public Participation law as of June 8, 2015.” NRS 41.665(2).  During the debate over this amendment, Senator Brower remarked: “While this Committee is well aware of our general propensity of not wanting to be like California, I would respectfully submit that on this issue, California has done a pretty good job.”  Hearing on S.B. 444 Before the Assembly Comm. on Judiciary, 78th Leg. (Nev., Apr. 24,2015).  The Nevada Supreme Court recently followed the legislature’s lead and adopted “California’s framework” for evaluating whether an attorney’s statement summarizing a jury’s verdict fell within the scope of Nevada’s anti-SLAPP statute. Patin v. Lee, 134 Nev. Adv. Op. 87 (Nov. 15, 2018).  While there is certainly value in looking to opinions from jurisdictions with similar statutes, there is also considerable risk as the interpretation of those courts depends not only on the statute in question but also on their own unique body of law and separate statutory framework.  To read the entire article click here.

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