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Originally Posted by loosekanen
IANAL. Does anybody know the current pleading standard for NV? Just reading the complaint strikes me that LVR's cause of action is dependent on proving intentional wrongdoing. I'm not familiar with the specific NV law but as these predictions were housed under "sources" the P is going to have a helluva time proving that. I don't think it survives NV's equivalent of a 12(b)(6).
Actual malice/reckless disregard for the truth seems like the standard here. Saying "I heard a rumor <insert something disparaging and damaging>" without doing any research on it can fall into that category.
Nevada has an anti-SLAPP law. That gets frivolous speech-related lawsuits dismissed with fees paid by the plaintiff. We could debate whether it applies here, but in general, it would be a successful motion when sued over an opinion, the lawsuit asserts facts that do not exist, the named defendant is wrong (like suing 2+2 over what one of its users posted when it is immune), the statute of limitations have run out, etc.
None of the typical ways I have seen an anti-SLAPP motion work seem to apply here, though attorneys can always try a new angle, and I could have missed something.