Legal Opinion
National Ass'n of Home Builders v. Occupational Safety & Health Administration
Court of Appeals for the D.C. Circuit
Decided April 16, 2010No. 09-1053PublishedCited by 2 opinions
1Opinion of the Court
Opinion for the Court filed by Senior Circuit Judge RANDOLPH.
RANDOLPH, Senior Circuit Judge:
A driver exceeding the speed limit runs a red light and swerves onto the opposite lane. Three violations of the law against reckless driving or one? Five punches to a victim’s face without provocation. One battery or five? Same result if the punches were hours apart? The financial officer of a corporation with 10,000 shareholders submits a false report to the Securities and Exchange Commission. One fraud or 10,000? These “unit-of-prosecution” questions have vexed state and federal courts. The questions…
2Cases cited15 opinions
- Bell v. United StatesSupreme Court of the United States · 1955
- Sanabria v. United StatesSupreme Court of the United States · 1978
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
- In Re SnowSupreme Court of the United States · 1887
- Badders v. United StatesSupreme Court of the United States · 1916
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3Cited by2 opinions
- United States v. Thomas CuretonCourt of Appeals for the Seventh Circuit · 2014
- Commonwealth v. HorneMassachusetts Supreme Judicial Court · 2013