250 P.3d 1015
Utah Ct. App.2011Background
- Barnhart petitions for review of the Labor Commission's order affirming dismissal of his discrimination and retaliation charges against Gygi.
- The court considers summary disposition on its own motion due to a lack of a substantial question for review.
- Barnhart argued the ALJ erred by concluding fraud, perjury, and misrepresentation claims were outside the Labor Commission's jurisdiction.
- The court found Barnhart waived the jurisdiction issue by not raising it in his motion for review.
- Gygi supported summary judgment with affidavits detailing Barnhart's work performance and reasons for termination; Barnhart failed to present substantive facts to dispute the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of jurisdiction issue | Barnhart asserts jurisdiction over fraud-related claims. | Gygi contends issue not preserved for review. | Issue waived; not reviewed. |
| Adequacy of proof to defeat summary judgment | Non-denials in Gygi's affidavits support his claims. | Response must present specific facts showing a genuine issue. | Barnhart failed to present substantive facts; summary judgment proper. |
| Labor Commission's jurisdiction over fraud claims | Alleged fraud-related claims fall within Commission's remit. | Claims are outside Commission jurisdiction. | Claims not properly raised; affirmed summary disposition. |
Key Cases Cited
- Esquivel v. Labor Comm'n, 7 P.3d 777 (Utah 2000) (waiver principle for issues not raised in agency proceedings)
- Overstock.com v. SmartBargains, Inc., 192 P.3d 858 (Utah 2008) (burden to produce material facts to oppose summary judgment)