NRS
41.670 Award of reasonable costs, attorney’s fees and monetary relief
under certain circumstances; separate action for damages; sanctions for
frivolous or vexatious special motion to dismiss; interlocutory appeal.
1. If the court grants a special motion to
dismiss filed pursuant to NRS 41.660:
(a) The court shall award reasonable costs and
attorney’s fees to the person against whom the action was brought, except that
the court shall award reasonable costs and attorney’s fees to this State or to
the appropriate political subdivision of this State if the Attorney General,
the chief legal officer or attorney of the political subdivision or special
counsel provided the defense for the person pursuant to NRS 41.660.
(b) The court may award, in addition to
reasonable costs and attorney’s fees awarded pursuant to paragraph (a), an
amount of up to $10,000 to the person against whom the action was brought.
(c) The person against whom the action is brought
may bring a separate action to recover:
(1) Compensatory damages;
(2) Punitive damages; and
(3) Attorney’s fees and costs of bringing
the separate action.
2. If the court denies a special motion to
dismiss filed pursuant to NRS 41.660 and
finds that the motion was frivolous or vexatious, the court shall award to the
prevailing party reasonable costs and attorney’s fees incurred in responding to
the motion.
3. In addition to reasonable costs and
attorney’s fees awarded pursuant to subsection 2, the court may award:
(a) An amount of up to $10,000; and
(b) Any such additional relief as the court deems
proper to punish and deter the filing of frivolous or vexatious motions.
4. If the court denies the special motion
to dismiss filed pursuant to NRS 41.660,
an interlocutory appeal lies to the Supreme Court.
(Added to NRS by 1993,
2848; A 1997,
1366, 2593;
2013,
624)
LIABILITY OF PERSONS WHO COMMIT CRIMINAL VIOLATIONS
MOTIVATED BY CHARACTERISTICS OF VICTIM
Notes of Decisions
Cited in
52
cases (
21 in the last 5 years), 2004–2026 · leading case:
Stubbs v. Strickland, 297 P.3d 326 (Nev. 2013).
Stubbs v. Strickland, 297 P.3d 326 (Nev. 2013).
· cites it 10× “We conclude that if the plaintiff voluntarily dismisses the action before the defendant files either an initial responsive pleading or a special motion to dismiss pursuant to NRS 41.670, the defendant cannot file an anti-SLAPP suit against the plaintiff based on that action.”
Kosor, Jr. Vs. Olympia Co.'s, LLC, 2020 NV 83 (Nev. 2020).
· cites it 4× “660 (rights); NRS 41.670 (remedies). We review a district court's decision refusing to dismiss under the anti-SLAPP statutes de novo.”
Maietta Constr., Inc. v. Wainwright, 2004 ME 53 (Me. 2004).
“04 (1) (LEXIS through 2003 legislation); Nev. Rev. Stat. Ann. § 41.670 (1) (Bender, LEXIS through 2003 legislation); N.”
Metabolic Rsch., Inc. v. Scott Ferrell, 693 F.3d 795 (9th Cir. 2012).
“8 See Nev.Rev.Stat. § 41.670. This further satisfies us that “the class of claims, taken as a whole, can be adequately vindicated by other means.”
Smith Vs. Zilverberg c/w 80348, 2021 NV 7 (Nev. 2021).
· cites it 44× “liSmith also argues that the statutory language implies that a district court may grant a $10,000 award only when frivolous or vexatious conduct 16 The plain language of NRS 41.670 does not limit the statutory award to $10,000 per lawsuit.”
Smith Vs. Zilverberg c/w 80348, 2021 NV 7 (Nev. 2021).
· cites it 44× “liSmith also argues that the statutory language implies that a district court may grant a $10,000 award only when frivolous or vexatious conduct 16 The plain language of NRS 41.670 does not limit the statutory award to $10,000 per lawsuit.”
In re EB Holdings II, Inc., 589 B.R. 704 (Bankr. D. Nev. 2017).
“3, citing NRS 41.670(4). The GoldenTree Plaintiffs allege that EBH is in breach of the PIK Loan Agreement through the insolvency event of default set forth in Section 4.”
Padda Vs. Hendrick (Nev. 2020).
· cites it 11× “ORDER OF REVERSAL AND REMAND This is an appeal from a district court order awarding attorney fees and costs pursuant to NRS 41.670. Eighth Judicial District Court, Clark County; Kathleen E.”
Sanson v. Bulen (Nev. 2022).
· cites it 10× “The district court then awarded appellants their requested attorney fees and costs under NRS 41.670(1)(a), which provides that "the court shall award" reasonable costs and attorney fees to a prevailing defendant on a special motion to dismiss.”
Walker v. Intelli-heart Servs. Inc. (D. Nev. 2020).
· cites it 10× “NRS § 41.670 does not explicitly address whether 25 fees on fees are recoverable, and the Court was unable to locate any caselaw—and the 26 parties have not brought any to the Court’s attention—specifying one way or the other.”
LHF Prods., Inc. v. Does (D. Nev. 2019).
· cites it 6× “670(1)(a), like under 22 23 55 Nev. Rev. Stat. § 41.670 (1)(a). 1 California’s anti-SLAPP statute, is mandatory.”
— Nev. Rev. Stat. § 41.670(1) — 2 cases
Padda Vs. Hendrick (Nev. 2020).
“ORDER OF REVERSAL AND REMAND This is an appeal from a district court order awarding attorney fees and costs pursuant to NRS 41.670. Eighth Judicial District Court, Clark County; Kathleen E.”
— Nev. Rev. Stat. § 41.670(1)(a) — 10 cases
Smith Vs. Zilverberg c/w 80348, 2021 NV 7 (Nev. 2021).
“liSmith also argues that the statutory language implies that a district court may grant a $10,000 award only when frivolous or vexatious conduct 16 The plain language of NRS 41.670 does not limit the statutory award to $10,000 per lawsuit.”
Smith Vs. Zilverberg c/w 80348, 2021 NV 7 (Nev. 2021).
“liSmith also argues that the statutory language implies that a district court may grant a $10,000 award only when frivolous or vexatious conduct 16 The plain language of NRS 41.670 does not limit the statutory award to $10,000 per lawsuit.”
Walker v. Intelli-heart Servs. Inc. (D. Nev. 2020).
“NRS § 41.670 does not explicitly address whether 25 fees on fees are recoverable, and the Court was unable to locate any caselaw—and the 26 parties have not brought any to the Court’s attention—specifying one way or the other.”
Sanson v. Bulen (Nev. 2022).
“The district court then awarded appellants their requested attorney fees and costs under NRS 41.670(1)(a), which provides that "the court shall award" reasonable costs and attorney fees to a prevailing defendant on a special motion to dismiss.”
LHF Prods., Inc. v. Does (D. Nev. 2019).
“670(1)(a), like under 22 23 55 Nev. Rev. Stat. § 41.670 (1)(a). 1 California’s anti-SLAPP statute, is mandatory.”
— Nev. Rev. Stat. § 41.670(1)(b) — 9 cases
Smith Vs. Zilverberg c/w 80348, 2021 NV 7 (Nev. 2021).
“liSmith also argues that the statutory language implies that a district court may grant a $10,000 award only when frivolous or vexatious conduct 16 The plain language of NRS 41.670 does not limit the statutory award to $10,000 per lawsuit.”
Smith Vs. Zilverberg c/w 80348, 2021 NV 7 (Nev. 2021).
“liSmith also argues that the statutory language implies that a district court may grant a $10,000 award only when frivolous or vexatious conduct 16 The plain language of NRS 41.670 does not limit the statutory award to $10,000 per lawsuit.”
Sanson v. Bulen (Nev. 2022).
“The district court then awarded appellants their requested attorney fees and costs under NRS 41.670(1)(a), which provides that "the court shall award" reasonable costs and attorney fees to a prevailing defendant on a special motion to dismiss.”
— Nev. Rev. Stat. § 41.670(1)(c) — 3 cases
— Nev. Rev. Stat. § 41.670(2) — 5 cases
Stubbs v. Strickland, 297 P.3d 326 (Nev. 2013).
“We conclude that if the plaintiff voluntarily dismisses the action before the defendant files either an initial responsive pleading or a special motion to dismiss pursuant to NRS 41.670, the defendant cannot file an anti-SLAPP suit against the plaintiff based on that action.”
Smith Vs. Zilverberg c/w 80348, 2021 NV 7 (Nev. 2021).
“liSmith also argues that the statutory language implies that a district court may grant a $10,000 award only when frivolous or vexatious conduct 16 The plain language of NRS 41.670 does not limit the statutory award to $10,000 per lawsuit.”
Smith Vs. Zilverberg c/w 80348, 2021 NV 7 (Nev. 2021).
“liSmith also argues that the statutory language implies that a district court may grant a $10,000 award only when frivolous or vexatious conduct 16 The plain language of NRS 41.670 does not limit the statutory award to $10,000 per lawsuit.”
— Nev. Rev. Stat. § 41.670(3)(a) — 1 case
— Nev. Rev. Stat. § 41.670(4) — 7 cases
Kosor, Jr. Vs. Olympia Co.'s, LLC, 2020 NV 83 (Nev. 2020).
“660 (rights); NRS 41.670 (remedies). We review a district court's decision refusing to dismiss under the anti-SLAPP statutes de novo.”
In re EB Holdings II, Inc., 589 B.R. 704 (Bankr. D. Nev. 2017).
“3, citing NRS 41.670(4). The GoldenTree Plaintiffs allege that EBH is in breach of the PIK Loan Agreement through the insolvency event of default set forth in Section 4.”
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