Brown

MEMORANDUM *

Michael Brown (“Brown”) appeals the dismissal of his diversity suit alleging various common law tort claims against LabOne, Inc. d/b/a Northwest Toxicology, Quest Diagnostics Inc., a Nevada corporation, and Quest Diagnostics Inc., a Delaware corporation (“Defendants”) for actions related to a positive drug test. Applying Texas law, the district court concluded Brown’s claims were effectively barred by the absolute privilege granted to statements in judicial or quasi-judicial proceedings and denied leave to amend. We affirm.

As a threshold question, Brown contends the district court erred by applying Texas substantive law instead of Nevada law to his claims because the test results were first “published” in Nevada and because the alleged negligent drug testing occurred there. Under the Restatement (Second) of Conflict of Laws § 149, which Nevada follows, Texas law governs Brown’s defamation claim because the test results were first published to a third party, the Texas Medical Board (“Texas Board”), in Texas, regardless of whether the results had previously been “issued” internally in Nevada.

Texas law also governs Brown’s other claims because Texas has the “most…