Legal Opinion

Vulcan Construction Materials, L.P. v. Federal Mine Safety & Health Review Commission

Court of Appeals for the Seventh Circuit

Decided October 25, 2012No. 11-2860PublishedCited by 15 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

On December 2, 2010, Peter L. Dunne filed a discrimination complaint pursuant to 30 U.S.C. § 815(c)(2), with the Mine Safety and Health Administration (“MSHA”), a division of the Department of Labor. He alleged that Vulcan Industries, L.P. (‘Vulcan”) had terminated his employment for engaging in safety-related activity protected under 30 U.S.C. § 815(c)(1). The Secretary of Labor determined that Mr. Dunne’s complaint was not frivolously brought, and Vulcan agreed to a temporary (economic) reinstatement of Mr. Dunne pending a determination on the merits of Mr. Dunne’s…

2Cases cited27 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. United States v. Mead Corp.Supreme Court of the United States · 2001
  5. Russello v. United StatesSupreme Court of the United States · 1983

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3Cited by15 opinions

  1. Cobra Natural Resources, LLC v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Fourth Circuit · 2014
  2. Neal Preston v. Midland Credit ManagementCourt of Appeals for the Seventh Circuit · 2020
  3. Equal Employment Opportunity Commission v. Thrivent Financial for LutheransCourt of Appeals for the Seventh Circuit · 2012
  4. CalPortland Co. v. Federal Mine Safety & Health Review Commission ex rel. PappasCourt of Appeals for the D.C. Circuit · 2016
  5. CalPortland Company, Inc. v. MSHRCourt of Appeals for the D.C. Circuit · 2016

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