Legal Opinion

CalPortland Co. v. Federal Mine Safety & Health Review Commission ex rel. Pappas

Court of Appeals for the D.C. Circuit

Decided October 20, 2016No. 16-1094PublishedCited by 6 opinions

1Opinion of the Court

SENTELLE, Senior Circuit Judge:

CalPortland Company, Inc. (“CalPort-land”) petitions for review of a decision by the Federal Mine Safety and Health Review Commission (“Commission”) ordering CalPortland to temporarily reinstate Jeffrey Pappas, pursuant to section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”), 30. U.S.C. § 815(c)(2), pending final order on Pappas’s underlying discrimination complaint currently pending before the Commission. We have jurisdiction over this petition pursuant to the collateral order doctrine and, because we conclude that Pappas was an…

2Cases cited34 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Bennett v. SpearSupreme Court of the United States · 1997

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3Cited by6 opinions

  1. Oglala Sioux Tribe v. U.S. Nuclear Regulatory Comm'nCourt of Appeals for the D.C. Circuit · 2018
  2. Marshall Cnty. Coal Co. v. Fed. Mine Safety & Health Review Comm'n & Sec'y of LaborCourt of Appeals for the D.C. Circuit · 2019
  3. Secretary of Labor v. Industrial TurnAround CorporationCourt of Appeals for the D.C. Circuit · 2025
  4. Wilson v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the D.C. Circuit · 2017
  5. Beberman v. PompeoDistrict Court, District of Columbia · 2021

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