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Legal Opinion

Nyffeler Construction, Inc. v. Secretary of Labor

Court of Appeals for the Eighth Circuit

Decided July 28, 2014No. 13-1933PublishedCited by 8 opinions

1Opinion of the Court

BEAM, Circuit Judge.

Nyffeler Construction, Inc. (Nyffeler) petitions for review of an adverse agency decision by the Occupational Safety and Health Review Commission (Review Commission). Because we lack jurisdiction over this untimely petition, we dismiss.

I. BACKGROUND

Nyffeler is a residential construction company operating in Omaha, Nebraska. On February 24, 2011, while inspecting a nearby worksite, Occupational Safety and Health Administration (OSHA) inspectors observed two Nyffeler employees on a roof without fall protection at a Nyffeler work-site. The inspectors phoned other OSHA…

2Cases cited10 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Bowles v. RussellSupreme Court of the United States · 2007
  3. Dolan v. United StatesSupreme Court of the United States · 2010
  4. Iowa League of Cities v. Environmental Protection AgencyCourt of Appeals for the Eighth Circuit · 2013
  5. In Re: Marco A. Rodriquez and Vanessa M. Rodriquez, Debtors. Mark E. Nieters v. Gary L. Sevcik, Anita L. Shodeen, TrusteeCourt of Appeals for the Eighth Circuit · 2001

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3Cited by8 opinions

  1. Fred Thompson v. United StatesCourt of Appeals for the Eighth Circuit · 2017
  2. Christine Nordgren v. Hennepin CountyCourt of Appeals for the Eighth Circuit · 2024
  3. Steven Pinder v. WellPathCourt of Appeals for the Eighth Circuit · 2024
  4. United States v. Rudolph StankoCourt of Appeals for the Eighth Circuit · 2014
  5. Minnesota Minority Trades Council and Bush Companies v. Nancy Daubenberger, in her official capacity as Commissioner of the Minnesota Department of Transportation; Robin Hutcheson, in her official capacity as Chair of the Metropolitan Council; Commissioner of the Minnesota Department of Administration; and the State of MinnesotaDistrict Court, D. Minnesota · 2026

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