Legal Opinion

Reich v. Occupational Safety & Health Review Commission

Court of Appeals for the Eleventh Circuit

Decided January 7, 1997No. 95-2807PublishedCited by 33 opinions

1Opinion of the Court

EDMONDSON, Circuit Judge:

This appeal raises the question whether a proceeding for civil penalties under the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651-678, becomes moot when an employer permanently ceases doing business. Because we conclude that this case is not moot, we vacate the order of dismissal and remand for further proceedings.

I. Background

Jacksonville Shipyards, Inc. (“JSI”) was formerly engaged in the ship repair business in Florida. In August 1991, two JSI employees were killed in a work-related fall at JSI’s Mayport Naval Station facility. The Secretary of Labor…

2Cases cited10 opinions

  1. Powell v. McCormackSupreme Court of the United States · 1969
  2. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  3. County of Los Angeles v. DavisSupreme Court of the United States · 1979
  4. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
  5. Atlantic States Legal Foundation, Inc. v. Tyson Foods, Inc.Court of Appeals for the Eleventh Circuit · 1990

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3Cited by33 opinions

  1. Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. BurtonCourt of Appeals for the Eleventh Circuit · 2000
  2. Four Seasons Hotels & Resorts, B v. v. Consorcio Barr, S.A.Court of Appeals for the Eleventh Circuit · 2003
  3. Braggs v. DunnDistrict Court, M.D. Alabama · 2017
  4. Lionel Bekier, in the Matter of Jonathan Bekier, Infant v. Bettina Srour Bekier, in the Matter of Jonathan Bekier, Infant, DefendantCourt of Appeals for the Eleventh Circuit · 2001
  5. Securities and Exchange Commissioner v. Barry J. Graham, eta lCourt of Appeals for the Eleventh Circuit · 2016

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