Legal Alert - Nevada Supreme Court Holds Judicial Privilege for Statements Made to the Media During Litigation is Not Absolute


By Bob L. Olson and Nathan G. Kanute

In Jacobs v. Adelson, 130 Nev. Adv. Op. 44 (Mar. 29, 2014), the Nevada Supreme Court was asked to decide whether statements made to a newspaper during litigation were absolutely privileged. The case involved a defamation claim made by a former employee against Sheldon Adelson. The complaint stemmed from an e-mail statement by Mr. Adelson to the Wall Street Journal about the former employee. The statement was made during the course of litigation with the former employee regarding wrongful termination claims and related to the defenses that would be asserted in the litigation. The trial court determined that the statement was absolutely privileged as a communication relating to litigation and dismissed the defamation claim.

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