Randall Lazer v. Daphne Williams SLAPP Suit

Daphne Williams purchased a condo where the seller was represented by real estate agent Charles “Randy” Lazer. Williams filed a complaint against Lazer with the Nevada Real Estate Division, alleging that he acted unprofessionally, unethically, and with discriminatory behavior.

The Real Estate Board initially found that Lazer violated ethics standard.  However, it later rescinded this decision.

Lazer sued Williams for defamation based on her NRED complaint. 

Williams retained Randazza Legal Group and filed an Anti-SLAPP motion. The district court denied the motion, ruling that Williams had not made her statements in the complaint in “good faith.” Williams then filed another Anti-SLAPP motion, but the district court denied it again, and also found that complaints to NRED were not privileged.

Randazza Legal Group brought Williams’ case to the Nevada Court of Appeals, which rule 0-3 in a bizarre and untethered ruling that the Anti-SLAPP law did not protect Williams’ statements.  

RLG and Williams were undeterred, and petitioned the matter to the Nevada Supreme Court, which reversed the lower courts and ruled for Williams in a unanimous 8-0 decision.  The Supreme Court found that Williams’s opinions were protected and that her complaints to the Real Estate Board were privileged against defamation liability, because they were statements made in a “quasi-judicial proceeding.”

After the Supreme Court’s decision, Williams was awarded almost $170,000 in costs and fees.

Lazer declared bankruptcy as a result of the Anti-SLAPP award.  

Moral of the story:  Do not think you have nothing to lose by filing a foolish defamation claim.