Coker v. Sassone

Summary

The Nevada Supreme Court reviewed the denial of an anti-SLAPP special motion to dismiss arising from the advertising and sale of allegedly counterfeit artwork as original lithographs. The court held that review of an anti-SLAPP motion under the 2015 version of NRS 41.660 is de novo and affirmed the denial because the appellant failed to show that the conduct was truthful or made without knowledge of its falsehood, or that it concerned an issue of public interest.

Holdings

1. A district court's grant or denial of a special motion to dismiss under the 2015 version of NRS 41.660 is reviewed de novo.
2. Coker failed to satisfy the first prong of Nevada's anti-SLAPP analysis because he did not provide evidence that, when he advertised and sold the lithographs as originals, he believed they were original or was unaware of their falsity.
3. Advertising and selling counterfeit artwork as original artwork is not communication made in direct connection with an issue of public interest under NRS 41.660.

Questions Presented

1. What standard of review applies to a district court's grant or denial of a special motion to dismiss under Nevada's anti-SLAPP statute after the 2015 amendment to NRS 41.660?
2. Whether Coker established that the challenged conduct was a good-faith communication that was truthful or made without knowledge of its falsehood under NRS 41.660 and NRS 41.637.
3. Whether advertising and selling counterfeit artwork as original artwork constitutes communication made in direct connection with an issue of public interest under Nevada's anti-SLAPP statute.

Disposition

affirmed