Delucchi v. SongerAnnotate this Case
Portions of the 2013 amendments to Nevada’s anti-SLAPP statutes clarified existing law such that they apply retroactively, but the remaining applicable portions of the 2013 amendments effected a substantive change in the prior anti-SLAPP legislation such that those portions are not applicable retroactively.
Based on the findings found in a report prepared by Pat Songer, the Town of Pahrump terminated Appellants’ employment. Appellants filed a complaint against Songer alleging defamation and intentional infliction of emotional distress. Songer filed a special motion to dismiss pursuant to Nevada’s anti-SLAPP statutes. The district court applied the 2013 statutory amendments retroactively in deciding Songer’s special motion to dismiss. The Supreme Court reversed, holding that the district court (1) properly applied the 2013 clarifying portions of the amendments in determining that Songer’s communication was potentially protected, but (2) erred in applying the remaining substantive portions of the 2013 amendments retroactively in determining that Appellants failed to meet the burden set forth in the 2013 amendments of establishing a probability of prevailing on their claims.