High Court OKs Last-Minute Exclusivity Defense

Nevada employers aren’t required to promptly raise exclusive remedy as a defense against negligence complaints and can assert the affirmative defense at any point in a case when doing so doesn’t prejudice an injured worker, the state’s high court ruled last week. There is no case law in Nevada touching on the deadline for an employer to raise exclusivity as a defense, the Supreme Court said. But the claim that workers’ compensation is the exclusive remedy for an occupational injury is an affirmative defense to a negligence complaint, the court said. And parties can ra...