Rhino Roofing adv. Castillo (A-23-863903-C)

Our client, a roofing company was sued by an individual with a history of seizure disorder who fell from a roof he was working on and sustained injuries that resulted in debilitating spinal injuries. Our firm successfully argued that: (1) pursuant to the Nevada Industrial Insurance Act (Nevada's workers compensation statutory scheme), the District Court lacked any subject matter jurisdiction over the plaintiff's claims because the plaintiff had not properly pursued those claims through appeal with the Nevada Department of Administration, (2) neither Nevada nor federal occupational safety and health acts create a private right of action, and (3) permitting the plaintiff to amend his complaint would be futile. As a result, our motion to dismiss was granted and the plaintiff's countermotion to amend his complaint and request for Rule 56(f) relief was denied, resulting in a complete defense.