Robert Darby Vannah, Esq.; John Buchcanan Greene, Esq.; Robert D. Vannah, Chtd., d/b/a Vannah & Vannah; Edgeworth Family Trust; American Grating, LLC; and Brian Mar Edgeworth and Angela Euzabe Edgeworth, Individually, as Husband and Wife v. The Law Office of Daniel S. Simon, a Professional Corporation; and Daniel S. Simon

Summary

The Nevada Supreme Court reversed and remanded district court orders denying anti-SLAPP special motions to dismiss. The court held that the district court erred by permitting the plaintiffs to amend their complaint after the motions were filed and by relying on the amended complaint in conducting the anti-SLAPP analysis.

Holdings

1. The district court erred by permitting respondents to file an amended complaint while appellants' anti-SLAPP special motions to dismiss were pending.
2. The district court must conduct its anti-SLAPP analysis based on the original complaint when the amended complaint was filed after the anti-SLAPP special motion to dismiss.

Questions Presented

1. Whether the district court erred by permitting respondents to amend their complaint after appellants filed anti-SLAPP special motions to dismiss.
2. Whether the district court erred by relying on the amended complaint rather than the original complaint in ruling on the pending anti-SLAPP motions.

Disposition

reversed_and_remanded