Panik v. TMM, Inc.

The Supreme Court reversed the order of the district court concluding that the claims against Appellant did not fall within the categories of claims subject to Nevada's anti-SLAPP statutes without further analysis, holding that remand was required.

In the underlying lawsuit, TMM, Inc. (TMMI) filed a third-party complaint against Appellant asserting claims for trade libel, misappropriation of trade secrets, conversion, injunctive relief, abuse of process, and alter ego liability. Appellant filed an anti-SLAPP special motion to dismiss, which the district court denied. The Supreme Court reversed and remanded the case for further proceedings, holding (1) the district court erred in finding that the subject claims did not fall within the categories of claims subject to the anti-SLAPP statute; (2) Appellant met his burden under the first prong of the anti-SLAPP analysis; and (3) the district court applied an incorrect standard in evaluating TMMI's claims under the second prong of the anti-SLAPP analysis.