Cases — November 21st through 27th, 2021

Scott Ellsworth - November 27, 2021 - 10th Circuit, Discrimination, Failure to Exhaust, Failure to Exhaust Administrative Remedies, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation

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); in addition, Rohwedder faled to state a sufficient claim under Title VII and Fourteenth Amendment)

Workers’ Compensation~Occupational Safety & Disease

Morris v. Labor Commission (Utah Ct. App., November 26, 2021) (declining to disturb Commission award of three months’ temporary disability benefits: the accident at issue aggravated Morris’s condition, but the health issues she complained of were not caused by the accident)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.