Clark County School District v. Virtual Education Software, Inc.

OPINION

By the Court,

Hardesty, C.J.:

In this appeal, we consider two issues of first impression in a business defamation action. First, we consider whether the absolute privilege applies to defamatory communications made by a non-lawyer in anticipation of a judicial proceeding. Second, we consider whether allegedly defamatory statements made about a business’s product provide a basis for defamation per se or for business disparagement.

We conclude that the absolute privilege affords parties to litigation the same protection from liability that exists for an attorney for defamatory statements…