Cases — November 21st through 27th, 2021

Discrimination~Retaliation *Rohwedder v. Rocky Mountain Pies, LLC (10th Cir., November 23, 2021) (affirming dismissal with prejudice of Rohwedder’s employment-discrimination suit: although failure to exhaust administrative remedies is no longer a jurisdictional defect, it can be and was properly raised as an affirmative defense by Rocky Mountain; Rohwedder thus failed to state a claim under 12(b)(6); […]

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Cases — March 21st through 27th, 2021

Labor Unions Hendrickson v. AFSCME Council 18 (10th Cir., March 26, 2021) (affirming dismissal of Hendrickson’s claim that the union cannot retain dues deducted from his paycheck or serve as his exclusive bargaining representative: exclusive representation remains constitutional and Hendrickson’s claim seeking prospective relief as regards the union’s opt-out window was moot) Workers’ Compensation ~ […]

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Cases — October 28th through November 3rd, 2018

Discrimination/Retaliation*Bryant v. United States Postal Service (10th Cir., November 2, 2018) (reversing dismissal based on lack of jurisdiction and remanding for dismissal for failure to exhaust administrative remedies)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or […]

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