Nevada's Anti-SLAPP applies to federal discrimination claims
In John v. Douglas County School District, issued November 25, 2009, the Nevada Supreme Court held that Nevada’s anti-SLAPP statute, NRS 41.637, applies to federal causes of action because it is a neutral and procedural statute that does not undermine any federal interest.
Anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes protect against meritless lawsuits that are filed “primarily to chill the defendant’s exercise of First Amendment rights.” Such suits generally involve actions brought against persons who have engaged in good faith communications in furtherance of the right to petition the government. Nevada’s anti-SLAPP statute allows the defendant in such an action to bring a special motion to dismiss showing that statements made were truthful or made without knowledge of falsehood, or regard a matter of concern to the government entity.
Here, the underlying action as brought against the school district and certain employees following the discipline of John, a former employee of the school district. John had alleged that his discipline for unprofessional conduct and sexual harassment and the statements made by the defendant employees in the disciplinary procedures, were motivated by religious and disability discrimination. The defendants brought forth evidence that the communications involved in the discipline were brought in good faith, and John was unable to rebut that evidence.
En banc, 7-0 decision, opinion by Gibbons.
