Legal Opinion

Smith Steel Casting Company v. William E. Brock, Secretary of Labor

Court of Appeals for the Fifth Circuit

Decided September 19, 1986No. 85-4346PublishedCited by 12 opinions

1Opinion of the Court

GEE, Circuit Judge:

This is an appeal from an order of the Occupational Safety and Health Review Commission (“OSHRC” or “the Commission”), upholding the ruling of an administrative law judge (“AD”) against Smith Steel Casting Co., Inc. (“Smith”) for failure to comply with OSHA standards codified in 29 C.F.R. §§ 1910.134 and 910.1000 (1980). In affirming the AU, OSHRC upheld the admission of evidence obtained during an inspection of Smith’s facilities conducted under an invalid inspection warrant. Smith challenges both OSHRC’s refusal to apply the exclusionary rule and its decision to permit…

2Cases cited18 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. United States v. JeffersSupreme Court of the United States · 1951
  3. Immigration & Naturalization Service v. Lopez-MendozaSupreme Court of the United States · 1984
  4. Trupiano v. United StatesSupreme Court of the United States · 1948
  5. National Labor Relations Board v. J. Weingarten, Inc.Supreme Court of the United States · 1975

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3Cited by12 opinions

  1. Pennsylvania Steel Foundry and MacHine Company v. Secretary of Labor, United Steelworkers of America, Afl-Cio-Clc, IntervenorCourt of Appeals for the Third Circuit · 1987
  2. Trinity Industries, Inc. v. Occupational Safety and Health Review CommissionCourt of Appeals for the Sixth Circuit · 1994
  3. In Re Establishment Inspection of Kohler Company. Appeal of Kohler CoCourt of Appeals for the Seventh Circuit · 1991
  4. Lakeland Enterprises of Rhinelander, Incorporated v. Elaine L. Chao, Secretary of LaborCourt of Appeals for the Seventh Circuit · 2005
  5. Jose Candelario Mendoza-Solis v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1994

7 more not listed; retrieve them via the Exa API.

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