Kosor v. Olympia Companies, LLC

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Justia Opinion Summary

In this defamation action, the Supreme Court reversed the decision of the district court denying Defendant's special motion to dismiss under Nev. Rev. Stat. 41.660, Nevada's anti-SLAPP statute, holding that each of Defendant's statements was "made in direct connection with an issue of public interest in a place open to the public or in a public forum." See Nev. Rev. Stat. 41.637(4).

The statements at issue were Defendant's criticisms of the homeowners' association and developers/managers of Southern Highlands in Clark County. Plaintiffs - Olympia Companies, LLC and its president - sued Defendant for defamation and defamation per se. The district court denied Defendant's motion to dismiss, concluding that Defendant failed to establish a prima facie case under section 41.660. The Supreme Court reversed, holding that Defendant met his prima facie burden to demonstrate that his statements were all made in public forums on a matter of public interest. The Court remanded the case with direction to consider whether Defendant made his communications in good faith.

Primary Holding
In this defamation action, the Supreme Court reversed the district court's denial of Defendant's special motion to dismiss under Nevada's anti-SLAPP statute, holding that each of Defendant's statements was "made in direct connection with an issue of public interest in a place open to the public or in a public forum," see Nev. Rev. Stat. 41.637(4).

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