Cases — March 1st through 7th, 2020

Miscellaneous

Kansas v. Garcia (U.S., March 3, 2020) (reversing Kansas supreme court determination that federal law prohibits information on an I-9 form being used as the basis for state-law identity theft prosecution, in connection with the hiring of unauthorized aliens: Kansas statutes were not expressly preempted, and the assertion that information placed on an I-9 can never be used for any reason other than those mentioned in 8 USC §1324a(b)(5)—is contrary to standard English usage)

Public Employees

*State of Utah v. Gollaher (10th Cir., March 5, 2020) (affirming dismissal for lack of subject-matter jurisdiction: a state district court does not have jurisdiction to compel either testimony or production of documents from federal employees unless authorized by the Department of Justice)

Workers Compensation ~ Occupational Safety and Disease

Noreja v. Commissioner (10th Cir., March 5, 2020) (affirming denial of benefits: an alleged violation is material only if (a) the ALJ failed to apply correct legal standards, or (b) the denial of benefits is unsupported by substantial evidence)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.