The Nevada Court of Appeals affirmed a judgment attorneys Brian Terry and Greg Schulman won for their client. The attorney-client had recorded a lis pendens on the claimant’s Nevada property based upon litigation claims in a California lawsuit. The property owner then sued the attorney, arguing he had slandered the property’s title because the lis pendens prevented the property’s sale for a profit before the Nevada real estate market crashed.
The district court had granted summary judgment to the attorney for several reasons, including that the lis pendens was covered by the litigation privilege. This absolute privilege protects people from civil liability based upon communications published during the course of a lawsuit. The plaintiff appealed but the Court of Appeals affirmed.