Stubbs v. Strickland
Annotate this CasePlaintiff filed a complaint against Defendant for libel per se and negligent infliction of emotional distress based on Defendant's posting on the Internet accusing Plaintiff and his wife, a city councilwoman, of not following city municipal code requirements for the licensure of their law firm. Plaintiff, however, voluntarily dismissed the suit nine days after Defendant received the complaint and before Defendant filed an answer or any pleading in the case. Defendant then filed a separate complaint against Plaintiff, seeking damages and attorney fees pursuant to Nevada's anti-SLAPP (Strategic Lawsuit Against Public Participation) statute. The district court dismissed the complaint. The Supreme Court affirmed, concluding that if the plaintiff voluntarily dismisses the action before the defendant files either an initial responsive pleading or a special motion to dismiss pursuant to Nev. Rev. Stat. 41.670, the defendant cannot file an anti-SLAPP suit against the plaintiff based on that action.
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