Legal Opinion

Thomas E. Perez v. Loren Cook Company

Court of Appeals for the Eighth Circuit

Decided October 13, 2015No. 13-1310PublishedCited by 6 opinions

1Opinion of the Court

SHEPHERD, Circuit Judge.

Following an industrial accident, the Secretary of Labor (Secretary)1 determined that the Loren Cook Company (Loren Cook) violated 29 C.F.R. § 1910.212(a)(1), which requires barrier guards on certain industrial equipment. The Secretary imposed a $490,000 fine against Loren Cook. An Administrative Law Júdge (ALJ) rejected the Secretary’s interpretation of section 1910.212(a)(1) and vacated the fine. The Occupational Safety and Health Review Commission (Commission) adopted the ALJ’s decision as its own. The Secretary petitioned this court for review of the Commission’s…

2Cases cited15 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. United States v. WilliamsSupreme Court of the United States · 2008
  4. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
  5. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994

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3Cited by6 opinions

  1. Kisor v. WilkieSupreme Court of the United States · 2019
  2. Alec Marsh v. J. Alexander's LLCCourt of Appeals for the Ninth Circuit · 2018
  3. Jacobs Field Services v. Eugene ScaliaCourt of Appeals for the Eighth Circuit · 2020
  4. Secretary of Labor v. Walmart Stores EastCourt of Appeals for the Eighth Circuit · 2019
  5. Bayley Construction v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2019

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