Lipson Neilson – Law Firm in Bloomfield Hills, Michigan

3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302

(248) 593-5000

(248) 593-5040

More Details

Lipson Neilson – Law Firm in Las Vegas, Nevada

9900 Covington Cross Drive
Suite 120
Las Vegas, NV 89144

(702) 382-1500

(702) 382-1512

More Details

Lipson Neilson – Law Firm in Phoenix, Arizona

5343 N. 16th Street
Suite 140
Phoenix, AZ 85016

(602) 626-8888

(602) 626-5588

More Details

Lipson Neilson – Law Office in Reno, Nevada

1 E. Liberty Street
Suite 600
Reno, NV 89501

(775) 420-1197


More Details

Lipson Neilson – Law Office in Colorado Springs, Colorado

102 S. Tejon Street
Suite 1100
Colorado Springs, CO 80903

(720) 601-8008


More Details


Or Search By:

Joe Garin, Megan Hummel and Amber Williams Win Motion to Dismiss and Motion for Attorney’s Fees in U.S. Court of Appeals for the Ninth Circuit

On July 22, 2019, the U.S. Court of Appeals for the Ninth Circuit issued a decision affirming the Federal District Court order granting both a motion to dismiss and a motion for attorney's fees filed by attorneys Joe Garin, Megan Hummel and Amber Williams in a lawsuit brought by an insurance company against an attorney in violation of Nevada's anti-SLAPP statute.

The dispute arose from Plaintiff's decision to deny coverage to an insured who had been named as a defendant in a catastrophic personal injury lawsuit. After a state court judge entered an $18 million default judgment against the insured, Plaintiff was named in a bad faith action pursuant to a valid assignment of rights from its insured to the injured party. To avoid liability, Plaintiff filed a separate lawsuit against the attorneys involved in the personal injury action, asserting that they violated Nevada's RICO statutes and engaged in a conspiracy by negotiating a settlement and covenant not to execute after Plaintiff refused to provide a defense.

The Federal District Court granted dismissal with prejudice in favor of the attorneys pursuant to NRS 41.660, a statute which prohibits Strategic Lawsuits Against Public Participation, or "SLAPP suits." The District court also granted a subsequent motion for attorney's fees.

On appeal, the Ninth Circuit affirmed the District Court orders, finding that:

  1. The attorneys established the communications at issue were made in good faith and without knowledge of falsehood.
  2. That Plaintiff was not entitled to conduct discovery as "[t]he problem with Plaintiff's complaint [was] not the sufficiency of the allegations, but the very nature of the allegations – that they target protected communications in an effort to suppress those communications."
  3. That the district court correctly awarded attorney's fees pursuant to the penalty provisions of the anti-SLAPP statute.

Read the Opinion Here: Century Surety Company v. Dennis Prince, et al.; Ninth Circuit Case No. 17-16645.


Contact: Joe Garin

We Look Forward To Connecting With You

  • Lipson Neilson P.C. publishes this website to convey general information and not for the purpose of providing legal advice. This Web site and its contents do not create an attorney-client or any other relationship between Lipson Neilson P.C. and any visitor to the Web site. Electronic mail (“e-mail”) sent to Lipson Neilson P.C. or any of its lawyers will not create an attorney-client relationship.
    * Checkbox Required
  • This field is for validation purposes and should be left unchanged.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

The verdicts and settlements listed on this site are intended to be representative of cases handled by Lipson Neilson. These listings are not a guarantee or prediction of the outcome of any other claims.