Legal Opinion

Lester Russell v. Wallace Bartley

Court of Appeals for the Sixth Circuit

Decided March 27, 1974No. 73-1791PublishedCited by 52 opinions

1Per curiam

The issue in this case is one of first impression in this Circuit. We are asked to hold that the Occupational Safety and Health Act of 1970, 29 U.S. C. §§ 651-678 (hereinafter “OSHA”), impliedly created a private remedy for damages resulting from violations of the Act. For the reasons set forth in this opinion we decline to so hold.

Appellant was injured in the course and scope of his employment with the Bartley and Barton partnership, allegedly as a result of the failure of this employer to comply with provisions of OSHA. The injuries of which appellant complains were occasioned when a ditch…

2Cases cited2 opinions

  1. Hare v. Federal Compress and Warehouse CompanyDistrict Court, N.D. Mississippi · 1973
  2. Skidmore v. Travelers Insurance CompanyDistrict Court, E.D. Louisiana · 1973

3Cited by52 opinions

  1. Kelley v. Howard S. Wright Construction Co.Washington Supreme Court · 1978
  2. Anthony J. Melerine, Jr., Continental Insurance Company, Intervenor-Appellant v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1981
  3. Taylor v. Brighton Corp.Court of Appeals for the Sixth Circuit · 1980
  4. Jones v. City of LogansportIndiana Court of Appeals · 1982
  5. Charles A. Ries, III v. National Railroad Passenger Corporation, A/K/A Amtrak National Railroad Passenger CorporationCourt of Appeals for the Third Circuit · 1992

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