Legal Opinion

Stark Excavating, Incorporated v. Thomas Perez

Court of Appeals for the Seventh Circuit

Decided January 29, 2016No. 14-3809PublishedCited by 2 opinions

1Opinion of the Court

ROVNER, Circuit Judge.

Stark Excavating, Inc. (“Stark”), an excavation and paving company that typically handles about 250 jobs per year throughout central and southern Illinois, was issued a number of citations at two different worksites in June, 2008, following inspections by the Occupational Safety and Health Administration (OSHA). On June 5, 2008, an OSHA inspector issued three citations to Stark relating to its Peoria, Illinois, worksite for a serious eyewear violation under 29 C.F.R. § 1926.102(a)(2), a willful excavation cave-in protection violation under 29 C.F.R. § 1926.652(a)(1), and…

2Cases cited14 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. United States v. Ladish Malting Co.Court of Appeals for the Seventh Circuit · 1998
  4. Rufino A. Estrada-Martinez v. Loretta E. LynchCourt of Appeals for the Seventh Circuit · 2015
  5. Kelly Springfield Tire Company, Inc. v. Raymond J. Donovan, Secretary of Labor, and Occupational Safety and Health AdministrationCourt of Appeals for the Fifth Circuit · 1984

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3Cited by2 opinions

  1. Dana Container, Inc. v. Secretary of LaborCourt of Appeals for the Seventh Circuit · 2017
  2. Dana Container, Inc. v. Secretary of LaborCourt of Appeals for the Seventh Circuit · 2017

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