Legal Opinion
Athlone Industries, Inc. v. Consumer Product Safety Commission
Court of Appeals for the D.C. Circuit
Decided May 13, 1983No. 82-1295PublishedCited by 68 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge WILKEY.
WILKEY, Circuit Judge:
Athlone Industries, Inc., appeals from the district court’s dismissal of its suit to enjoin the Consumer Product Safety Commission from assessing civil penalties in an administrative proceeding. We reverse, concluding that the doctrine of exhaustion of administrative remedies does not bar the present suit. We also resolve the dispositive substantive issue in this case, holding that the Commission lacks the statutory authority to assess civil penalties in an administrative proceeding.
I. Background
A. The Statutory Scheme
Th…
2Cases cited19 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- McKart v. United StatesSupreme Court of the United States · 1969
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Barlow v. CollinsSupreme Court of the United States · 1970
- Grosso v. United StatesSupreme Court of the United States · 1968
14 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- William Hohri v. United StatesCourt of Appeals for the D.C. Circuit · 1986
- Randolph-Sheppard Vendors of America v. Caspar W. Weinberger, National Council of State Agencies for the Blind v. Caspar W. WeinbergerCourt of Appeals for the D.C. Circuit · 1986
- Sharon Andrade v. Charles A. Lauer, Acting Administrator, Office of Juvenile JusticeCourt of Appeals for the D.C. Circuit · 1984
- I.A.M. National Pension Fund Benefit Plan C and Alan W. Skolnick v. Stockton Tri IndustriesCourt of Appeals for the D.C. Circuit · 1984
- Reliable Automatic Sprinkler Co. v. Consumer Product Safety CommissionCourt of Appeals for the D.C. Circuit · 2003
63 more not listed; retrieve them via the Exa API.