Legal Opinion

Pendley v. Federal Mine Safety & Health Review Commission

Court of Appeals for the Sixth Circuit

Decided April 2, 2010No. 09-3213PublishedCited by 16 opinions

1Opinion of the Court

McCALLA, Chief D. J., delivered the opinion of the court, in which GILMAN, J., joined. BOGGS, J. (pp. 429-31), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JON P. McCALLA, Chief Judge.

This cause is before the Court on a petition for review of an order of the Federal Mine Safety & Health Review Commission (the “Commission”). Petitioner Lawrence L. Pendley, a coal miner, was terminated by his former employer Highland Mining Co. near the time that he both made federally protected safety complaints and engaged in significant workplace misconduct. Petitioner was…

2Cases cited19 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
  3. Thunder Basin Coal Co. v. ReichSupreme Court of the United States · 1994
  4. Securities & Exchange Commission v. SloanSupreme Court of the United States · 1978
  5. Aaron COOLEY, Plaintiff-Appellee, v. CARMIKE CINEMAS, INC., Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1994

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3Cited by16 opinions

  1. North Fork Coal Corp. v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Sixth Circuit · 2012
  2. Vulcan Construction Materials, L.P. v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Seventh Circuit · 2012
  3. Noranda Alumina, L.L.C. v. Fed Mine Sfty & Hlth ReCourt of Appeals for the Fifth Circuit · 2016
  4. Cumberland River Coal Co. v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Sixth Circuit · 2013
  5. KenAmerican Res., Inc. v. U.S. Sec'y of LaborCourt of Appeals for the Sixth Circuit · 2022

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

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