Legal Opinion

F & H Coatings, LLC v. Acosta

Court of Appeals for the Tenth Circuit

Decided August 20, 2018No. 17-9506PublishedCited by 21 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

F & H Coatings, L.L.C. ("F & H") seeks review of a final order of the Occupational Safety and Health Review Commission ("Commission"), and asks us to set aside a $7,000 penalty imposed by an administrative law judge ("ALJ"). The ALJ reviewed evidence presented by the Department of Labor ("DOL") during a two-day hearing, and held that the DOL had shown that F & H breached the General Duty Clause of the Occupational Safety and Health Act ("OSH Act"), 29 U.S.C. § 654 (a)(1).

Upon review of the record, we conclude that the ALJ's findings are supported by substantial evidence,…

2Cases cited22 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981
  5. United States v. NacchioCourt of Appeals for the Tenth Circuit · 2009

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3Cited by21 opinions

  1. Sanderson v. Wyoming Highway PatrolCourt of Appeals for the Tenth Circuit · 2020
  2. Bill Barrett Corporation v. YMC Royalty CompanyCourt of Appeals for the Tenth Circuit · 2019
  3. State v. AguirreSupreme Court of Kansas · 2021
  4. Fabrizius v. United States Department of AgricultureCourt of Appeals for the Tenth Circuit · 2025
  5. Harris v. Remington Arms CompanyCourt of Appeals for the Tenth Circuit · 2021

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

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