Cases — March 22nd through 28th, 2020

Defamation

*Quigley v. Sporting Kansas City Soccer Club (10th Cir., March 25, 2020) (affirming dismissal of Quigley’s claims under FRCP 12(h)(3): Quigley raised only state-law claims, and there was insufficient diversity for jurisdiction)

Discrimination and Retaliation

*Zu v. Avalon Health Care, Inc. (10th Cir., March 23, 2020) (affirming summary judgment in favor of Avalon: Zu filed to establish a prima facie case)

Unemployment Appeals

Onysko v. Department of Environmental Quality and Career Services Review Office (Utah Ct. App., March 26, 2020) (declining to disturb Review Office’s affirming of Onysko’s termination for unprofessional and abusive conduct)

Workers Compensation ~ Occupational Safety and Disease

Massengale v. Labor Commission (Utah Ct. App., March 26, 2020) (declining to disturb the Labor Commission’s order dismissing as untimely Massengale’s claim for permanent total disability benefits: he was pursuing potentially remedial surgery when the statute of repose expired, and thus could not establish entitlement to total disability benefits)

O’Connor v. Labor Commission (Utah Ct. App., March 26, 2020) (declining to disturb the Commission’s denial of O’Connor’s petition to increase his disability award: the law in effect at the time of O’Connor’s injury—and not the 1988 amendment—governs the amount of compensation to which O’Connor is entitled)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.