Legal Opinion
S.A. Healy Company v. Occupational Safety and Health Review Commission and Alexis M. Herman, Secretary of Labor
Court of Appeals for the Seventh Circuit
Decided March 11, 1998No. 95-2421 & 95-2907PublishedCited by 12 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Our first opinion in this ease concluded, applying the approach of United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989), that administrative sanctions under the Occupational Safety and Health Act. set according to the Department of .Labor’s “instanee-by-instanee” policy, which penalizes each violation of a rule instead of assessing one penalty for each rule violated, produces “punishment” and therefore may not be combined with criminal sanctions for the same violations. 96 F.3d 906 (1996). After Hudson v. United States, — U.S. -, 118 S.Ct.…
2Cases cited12 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- United States v. HalperSupreme Court of the United States · 1989
- Hudson v. United StatesSupreme Court of the United States · 1997
- United States v. WardSupreme Court of the United States · 1980
- Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. Willie A. NewmanCourt of Appeals for the Seventh Circuit · 1998
- United States v. MayesCourt of Appeals for the Eleventh Circuit · 1998
- UNITED STATES of America, Plaintiff-Appellee, v. PITT-DES MOINES, INC., Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1999
- United States v. Kenneth O. LippittCourt of Appeals for the Seventh Circuit · 1999
- United States v. Gary Van WaeyenbergheCourt of Appeals for the Seventh Circuit · 2007
7 more not listed; retrieve them via the Exa API.