Legal Opinion
Robert B. Reich, Secretary of Labor v. Simpson, Gumpertz & Heger, Inc., and Occupational Safety and Health Review Commission
Court of Appeals for the First Circuit
Decided August 20, 1993No. 92-2237PublishedCited by 39 opinions
1Opinion of the Court
STAHL, Circuit Judge.
In this appeal, the Secretary of Labor (“the Secretary”) challenges a decision of the Occupational Safety and Health Review Commission (“the Commission”) granting summary judgment 1 in favor of appellee Simpson, Gumpertz & Heger, Inc. (“SGH”). We affirm.
I
Standard of Review
We review the Commission’s decision to determine whether its factual findings are supported by substantial evidence in the record, 29 U.S.C. § 660(a), and whether its legal conclusions are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law[.]” 5 U.S.C. § 706(2)(A).…
2Cases cited5 opinions
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
- Lyng v. PayneSupreme Court of the United States · 1986
- Katherine M. CHAMBERLIN, Plaintiff, Appellee, v. 101 REALTY, INC., Et Al., Defendants, AppellantsCourt of Appeals for the First Circuit · 1990
- Northern Indiana Public Service Co. v. Porter County Chapter of Izaak Walton League of America, Inc.Supreme Court of the United States · 1975
- Cyntha J. RESARE, Plaintiff, Appellant, v. RAYTHEON COMPANY, Etc., Defendant, AppelleeCourt of Appeals for the First Circuit · 1992
3Cited by39 opinions
- Gail Merchant Irving v. United StatesCourt of Appeals for the First Circuit · 1998
- Solis v. Summit Contractors, Inc.Court of Appeals for the Eighth Circuit · 2009
- Anthony Crane Rental, Inc. v. Robert B. Reich, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1995
- Weinman v. CableCourt of Appeals for the First Circuit · 2005
- Martinez Melgoza & Associates, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 2005
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