Legal Opinion

Yellow Freight Systems, Inc. v. Robert B. Reich, Secretary of Labor, and John A. Thom

Court of Appeals for the Second Circuit

Decided October 14, 1994No. Docket 94-4006PublishedCited by 25 opinions

1Opinion of the Court

SCHWARTZ, District Judge:

The issue presented on this appeal is whether the Secretary of Labor (“the Secretary”) properly found that Yellow Freight Systems, Inc. discharged John Thom because he engaged in activity protected under § 405(b) of the Surface Transportation Assistance Act of 1982 (“the Act” or “the STAA”), 49 U.S.C.App. § 2305 (1988). 1 For the rea sons set for below, we affirm the Secretary’s finding.

BACKGROUND

At 7:30 p.m. on March 30, 1992 (“March 30”), John Thom reported to work at the Buffalo terminal of Yellow Freight, a large interstate trucking firm for whom Thom had driven…

2Cases cited9 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  3. Rust v. SullivanSupreme Court of the United States · 1991
  4. Crandon v. United StatesSupreme Court of the United States · 1990
  5. Brock v. Roadway Express, Inc.Supreme Court of the United States · 1987

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3Cited by25 opinions

  1. Smith v. ColvinDistrict Court, W.D. New York · 2014
  2. Silvers v. ColvinDistrict Court, W.D. New York · 2014
  3. Cynthia J. Fisher, Plaintiff-Appellee-Cross-Appellant v. Vassar College, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1995
  4. Koch Foods, Inc. v. Secretary, U.S. Dept. of Labor for Occupational Safety and HealthCourt of Appeals for the Eleventh Circuit · 2013
  5. Castle Coal & Oil Company, Inc. v. Robert B. Reich, Secretary of Labor, United States Department of LaborCourt of Appeals for the Second Circuit · 1995

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