Fitzgerald v. Mobile Billboards, LLCAnnotate this Case
The common law absolute privilege has been abrogated by the statutory conditional privilege in Nev. Rev. Stat. 616D.020 in the context of defamatory statements in a workers’ compensation claim to which section 616D.020 is applicable.
Appellant filed a complaint against Respondents, the company that employed him and the company's owner, for defamation. The allegedly defamatory statements regarded Appellant’s alleged abuse of the workers’ compensation program to obtain prescription pain medication, a violation of Nev. Rev. Stat. 616D.300. Respondents filed a motion to dismiss pursuant to Nev. R. Civ. P. 12(b)(5). The district court granted the motion, concluding that Respondents’ statements were absolutely privileged. The Supreme Court reversed, holding that the district court erred in concluding that all of Respondents’ statements were absolutely privileged justifying dismissal of the complaint, as a matter of law, without considering the impact of the conditional privilege provided in section 616D.020.