Legal Opinion

Skidmore v. Travelers Insurance Company

District Court, E.D. Louisiana

Decided March 9, 1973No. Civ. A. 72-1981PublishedCited by 20 opinions

1Opinion of the Court

ALVIN B. RUBIN, District Judge:

The Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq., imposes safety requirements on employers engaged in business affecting interstate commerce. This suit asserts that the statute, by implication, creates a private cause of action for civil damages against executive officers of the employer for the employer’s failure to comply with the Act. 1

While the statute imposes a duty on employers, and enforces that duty by criminal sanctions and by creating a right to injunctive relief, it does not mention any private civil remedy against the employer…

2Cases cited14 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. J. I. Case Co. v. BorakSupreme Court of the United States · 1964
  3. Jones v. Alfred H. Mayer Co.Supreme Court of the United States · 1968
  4. Allen v. State Board of ElectionsSupreme Court of the United States · 1968
  5. Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Jeter v. St. Regis Paper Co.Court of Appeals for the Fifth Circuit · 1975
  2. Ramon v. Glenroy Const. Co., Inc.Indiana Court of Appeals · 1993
  3. Koll v. Manatt's Transportation Co.Supreme Court of Iowa · 1977
  4. Lester Russell v. Wallace BartleyCourt of Appeals for the Sixth Circuit · 1974
  5. Knight v. Burns, Kirkley & Williams Const. Co., Inc.Supreme Court of Alabama · 1976

15 more not listed; retrieve them via the Exa API.

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