Attorneys for the White Pine recall defendants are demanding that white Pine county commissioner John Lampros pay about $40,000 in fees and fines for his SLAPP suit against them according to motions filed this week.
This summer White Pine county residents James Adams, Cheryl Noriega and Tim McGowan filed a notice of recall against both Lemich and Lampros. Two weeks later Lampros and Lemich filed defamation suits claiming that the allegations in the recall petitions were in fact lies and that slander had damaged them financially and politically.
In response to the defamation suit the three asked the Judge to dismiss the suit on the grounds that they were so called SLAPP actions.
click link for motion
As defined by the Nevada Bar Association: A Strategic Lawsuit Against Public Participation, or SLAPP suit, is abusive litigation where a plaintiff brings a legally questionable claim in order to punish the defendant for exercising his or her First Amendment rights. Often, these suits are based upon defamation and other claims arising from expressive conduct. The purpose of a SLAPP suit is not necessarily to win, but to inflict the punishment of litigation itself.
In his ruling filed earlier this month Senior District Judge Charles Thompson threw out Lampros case altogether but kept parts of Lemich’s claims legally alive at least for the time being.
Restricting themselves to the Lampros suit, attorneys Julie Cavanaugh-Bill and Jeff Dickerson asked for about $9,000 in attorneys’ fees as well as $10,000 to each of the clients.
But while Lampros may find himself poorer Lemich case is different.
In a separate ruling Thompson agreed with the defendants that three of Lemich’s claims to slander did indeed meet the definition of a SLAPP suit.
However the judge also rule that four did not.
It is important to note the Thompson did not rule on the veracity of Lemich’s claims that he was slandered, only that four of the allegations were not on the face obviously false or that the defendants made them in bad faith. That determination the judge pointed out may be for a jury to decide.
Specifically Thompson separated his ruling to each allegation:
He found that the charge that Lemich was slandered “for a financial disaster in the White Pine County budget and that his “mismanagement was responsible for White Pine County’s financial difficulties” Thompson dismissed as SLAPP’s. Thompson also found that Lemich claims to slander over intimidation and threatening citizens as well as being ‘investigated’ for assault were also SLAPP’s.
However the judge ruled that the claim Lemich was under investigation for theft did not meet the SLAPP definition and that it would not be dismissed at least in regards to the SLAPP motion.
He also ruled that the allegations of slander regarding the Dismantling of the County Fire and EMS services was a SLAPP suit and thus dismissed. However the judge refused to dismiss the slander charges on the allegations that Lemich caused the county commission to commit violations of state statutes.
In addition Thompson refused to dismiss slander charges regarding the Lemich had a conflict of interest regarding the county land exchange with Midway Gold and that he had a vendetta against the Ely Airport. On of the three defendants in the suit James Adams is the manager of the airport.
With the mixed ruling the defendants can either appeal or they can seek dismissal on other grounds besides claiming SLAPP.
